A concerted action perpetuated by various persons or enterprises is different from the unilateral conduct of an individual entity, as the latter is not accompanied with the element of “concurrence of wills”. That is why Section 3 and 4 of the Competition Act, 2002 are different in their scope and operation.The second part of the article comprehensively discusses the case of Mahyco Monsanto Biotech (India) Limited and argues that, despite a statutory distinction, the approach undertaken by the Competition Commission of India has resulted in conflation of the paradigms used to assess anti-competitive agreements with those relating to the abuse of dominance. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART II
A concerted action perpetuated by various persons or enterprises is different from the unilateral conduct of an individual entity, as the latter is not accompanied with the element of “concurrence of wills”. That is why Section 3 and 4 of the Competition Act, 2002 are different in their scope and operation.
The first part of the article examines in detail the differential treatment accorded to concerted action and unilateral behaviour, by Competition authorities in the EU and the US and ascertains that unilateral restraint of competition and trade cannot be evaluated under the lens of the standards that are used to determine coordination of behaviour or collusion between undertakings. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I
by Tavashya Kumar This the second part of a two part series. The first part can be accessed here. The first part of this series had dealt with ‘Exclusive Distribution Agreements’ between manufacturers and e-commerce marketplaces. This part shall focus on ‘Arrangements for Preferential Treatment’, which are understandings, written or otherwise, between E-commerce marketplaces and large vendors selling on these platforms for certain preferential treatment … Continue reading ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART II
by Tavashya Kumar E-commerce may be defined as a mode of conducting business transactions such as purchase and sale of products through electronic means as against the traditional physical means. Recently, this industry has witnessed a phenomenal amount of growth, as evidenced by the rise of industrial conglomerates such as Amazon, Flipkart, etc. These corporations have revolutionized the retail market in India by selling a … Continue reading ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART I
by Vibhu Pahuja With COVID-19 now been declared as a global pandemic, many countries, including India have taken stringent measures. These include measures such as a nationwide lockdown to protect the lives of its population. This has led to an economic collapse, as various industries the economy would not be operational during this time. However, industries that form the necessity for livelihoods are still operational, … Continue reading PHARMACEUTICAL INDUSTRY DURING COVID-19: A liberal recourse to the Competition Act
-by Parina Muchhala The Draft Competition (Amendment) Bill, 2020 (hereinafter, Draft Bill), based on the 2019 Report of the Competition Law Review Committee (hereinafter, Report) was recently released, and much has been written on the many interesting changes that have occurred subsequently in India’s competition regime. This article, however, is restricted solely to an analysis of the Committee’s findings on the idea of ‘collective abuse … Continue reading COLLECTIVE DOMINANCE AND THE DRAFT COMPETITION (AMENDMENT) BILL, 2020: A Case of Missed Opportunity?
-by Samriddha Gooptu The Indian competition regulator – Competition Commission of India (CCI) had on April 19, 2020, released its “Advisory to Businesses in Time of COVID-19”. As per the advisory, one primary pointer by the regulator had been its emphasis upon the well-equipped position of the Competition Act, 2002 to deal with competition-related concerns in times of crisis. The advisory clearly points out certain … Continue reading INDIA’S COMPETITION SPACE PREPARES ITSELF FOR COVID-19
-by Srishti Suresh On March 2nd, 2020, around thousand irate restaurant owners launched the ‘Logout Campaign’ foisting their intention of getting their companies delisted from online food aggregator platforms, owing to data masking and rampant anti-competitive practices. The National Restaurant Association of India (NRAI) took cognisance of the grave issue and voiced its concern over the rampant abuse of dominant position exercised by such aggregator … Continue reading THE FOOD AGGREGATORS’ QUANDARY- DATA MASKING…A Precursor to an Anti-Competitive Regime?
-by Rishabh Warrier The Indian aviation market has seen very tumultuous conditions, with frequent bankruptcies and shutting down of companies. The recent demise of Jet Airways, at one point holding the highest share in the Indian Market, and others like Kingfisher and Air India are prime examples. The Indian aviation sector is no stranger to violations of the Act, 2002. These violations have been a … Continue reading COMPETITION LAW AND AVIATION SECTOR