It is a settled position under the Indian law that once an entity is established as a dominant enterprise in a given relevant market, there is a special responsibility casted upon it to comply with the provisions of the Competition Act, 2002. In the case pertaining to Google and WinZo the Commission has held that it is a ‘practical necessity’ for technology firms to be present on Play Store given its overarching presence in the Android ecosystem
However, they feel that two co-existing anti-trust laws may lead to over-regulation and add to the compliance burden of firms, the burden of which ultimately the consumer may have to bear.
NTPC acquired equity shares of RGPPL in 2020 from its lenders in lieu of some repayment, as a result of this acquisition, its share capital in Ratnagiri Gas increased from 25.98 percent to a little over 60 percent
The committee in its 63rd report has noted that the government had earlier informed that the digital competition law would be finalised by May 2023, however the deliberations are ongoing.
In April 2023, the President of India gave assent to the Competition Amendment Bill, 2023, which ushered in a series of changes to competition law for the first time since 2009.
The proposed framing of such a law has already led to a rift between domestic and international technology companies in the country, with Indian tech companies taking control of lobby group Internet and Mobile Association of India in a heated election last month
Amongst a host of big changes made to the law, is the provision empowering CCI to impose penalties on the global turnover of a company that’s found violating the competition law. Global turnover includes the company’s turnover from all products and services.
The bill seeks to subject high-value transactions typically seen in high-tech startups and innovative pharmaceutical sectors to review by the competition regulator; allows CCI to impose penalties on the global turnover of companies.
Mature competition jurisdictions such as the European Union and the UK rely on ‘relevant’ or ‘affected’ turnover to reduce arbitrariness and discretion while applying penalties.
The order by the MCA states that the committee is to review the existing provisions of the Competition Act, and if the rules under it are sufficient to “deal with the challenges that have emerged from the digital economy”
The ministry is implementing the Competition Act, IBC and the Companies Act, and amendments to these laws are expected this year.
CCI is investigating WhatsApp's privacy policy's impact on competition and the platforms' alleged abuse of dominant position in the market.
What the CCI does has assumed great significance amid rapid growth of technology and e-commerce domains as well as increasing mergers and acquisitions (M&As) across industries.
The Competition Amendment Bill aims to bring sweeping changes to India’s Law, setting new checks on abuse of dominance, purchase of controlling stakes and M&A agreements by companies and much more. Nisha Poddar is in conversation with CCI Chairman, Ashok Kumar Gupta to share more details on the bill
The setback faced by Amazon is also likely to act as a cautionary tale for others who are likely to seek CCI approval in line with regulatory compliance, legal experts believe.
The Competition Commission of India has conducted six dawn raids in the last two years, of which, two were conducted in the past four months. Watch the video to find out what these dawn raids are and how can they impact a company.
When the world is waking up to the reality of ‘competition sans borders’, will the new changes leave our watchdog with too tight a leash?
In an interview to CNBC-TV18, Ashok Chawla, Chairman, Competition Commission of India, discussed complaints over airfare pricing witnessed over the past years as well as whether there was a need for the regulator to disclose how it arrives at quantum of penalty in cases it passes an order on.
Stepping up its vigil, the Competition Commission of India (CCI) in recent times has dealt with instances of unfair business ways in various sectors, including real estate and pharma.
Balbir Singh, partner, DSK Legal explains to CNBC-TV18 that the penalty is harsh considering market conditions and the companies‘ balance-sheets. He also adds that the competition law in India cannot be based on similar laws in the US or EU where the markets are much more mature and the competition is rigourously controlled.
Rajeev Talwar, group executive director of DLF, in an interview with CNBC-TV18's Mitali Mukherjee and Sonia Shenoy, spoke about the latest happenings in the company and the road ahead.
By: Prashant Kapoor of KPMG