Competition

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 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

Competition

Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I

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

E Commerce in India: Anti-Competitive Practices

ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART II

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

E Commerce in India: Anti-Competitive Practices

ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART I

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.[1] 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

PHARMACEUTICAL INDUSTRY DURING COVID-19: A liberal recourse to the Competition Act

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