Supreme Court Resolves Regulatory Ambiguity Between IBC and Competition Act

The Competition Act, 2002 mandates the Competition Commission of India (“CCI”) to regulate large sized mergers and acquisitions beyond high value thresholds (in terms of assets or turnovers) prescribed for “combinations” under the Competition Act, 2002 (“the Act”) to assess whether such transactions could adversely affect competition in the...

India: Google Loses Antitrust Appeal in Android Case

Google has tasted another setback in India in its fight with the Antitrust regulator, Competition Commission of India (“CCI/Commission”). The appeal filed by Google against the CCI last order dated 20.10.2022 has been dismissed on merits and, except for some reliefs on some of the market correction

India: Amendments to Competition Law

In a significant development , after the Lok Sabha ( Lower house of Indian Parliament ) passed the Competition (Amendment) Bill 2023 on 29.March 2023 , the Bill was passed by the Rajya Sabha ( upper house ) on 03 April ,2023 and after receiving the Presidential assent on 11 April 2023, has been promulgated and notified in the Gazette of India...

India: A National Competition Policy is Essential for Growth in a Free Market Economy

India badly needs a National Competition Policy. In this context, one needs to recapitulate whether India has utilized the full potential of growth envisaged after our historic shift from a “state-controlled” economy to a “free market” economy and if not why? Have we been able to introduce a culture of competition in our markets which leads to...

India: Role of Courts in Settling Jurisdictional Disputes

There have been some cases of conflict of jurisdiction between the Competition regulator and sector specific regulators , particularly , the Copyright Boards.