Category: Competition Law

Understanding the Impact of Patent Pooling on Competition Law Policy

Patent pooling is a form of arrangement by which entities can bring in the rights associated with a patented invention to interdependent or complementary economic exploitation. By such an arrangement, different patent holders can unify their rights with the means of production and distribution, that is, licensees, to the market that has the relevant demand. … Continue reading Understanding the Impact of Patent Pooling on Competition Law Policy

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Understanding the limitations of Draft Digital Competition Bill, 2024

Although India seems to have drawn an example from the European Union in proposing the Draft Digital Competition Bill, 2024, it is self-explanatory in its provisions that it has not learned much from Europe’s implementation of the said law. The bill provides to set up pre-emptive or ex-ante provisions to curb anti-competitive practices and imposes … Continue reading Understanding the limitations of Draft Digital Competition Bill, 2024

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Unravelling the Web: Challenges and Competition in India’s Copyright Society Landscape

Introduction Section 33 of the Patents Act plays a crucial role in delineating the scope and limitations of patent rights. This pivotal section addresses various aspects, including the rights conferred by a patent[1], the exclusive nature of those rights, and the circumstances under which third parties may be exempted from infringement. Copyright societies, also known … Continue reading Unravelling the Web: Challenges and Competition in India’s Copyright Society Landscape

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Shedding Light on Bid Rigging Under Competition Act

Section 3(3) Of Competition Act, 2002 Sub-section 3 of Section 3 enumerates certain agreements which have an ipso facto appreciable adverse effect on competition. These are the agreements in the nature of horizontal agreements. Horizontal agreements are the agreements between two or more enterprises that are at the same level of the supply chain and, … Continue reading Shedding Light on Bid Rigging Under Competition Act

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Abuse of Dominant Position & Predatory Pricing

Introduction to Predatory Pricing “Predatory Pricing has been explained to mean that the sale of goods or provision of services at a price which is below the cost of production of the goods or provision of services.”[1] In layman’s language, “predatory pricing” refers to lowering the prices of a particular good or commodity so low … Continue reading Abuse of Dominant Position & Predatory Pricing

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Competition Law in Myanmar

Introduction There has been an appointment to the long-awaited Myanmar Competition Commission (Commission). The Union Government’s Notification 106/2018, which was published on October 31, 2018, named the Commission’s several members. [Images Sources : Shutterstock] This is the following stage in putting the Myanmar Competition Law 2015 (Law), which became effective in February 2017, into practise … Continue reading Competition Law in Myanmar

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Buyer’s Cartels: A Concern For Competition Law

INTRODUCTION There is a wide connotation to the word “cartel.” The interpretation adopted by a majority of jurists and legislatures suggests that the word must be understood in the true spirit of competition law, which is to promote healthy competition in a free and fair market. However, reality begs to differ, with the word having … Continue reading Buyer’s Cartels: A Concern For Competition Law

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Vertical Overlaps in Merger Control

Introduction Indian Competition Law permits the Competition Commission (CCI) to consider the nature and extent of Vertical Integration in the market, in order to determine whether a combination will (or would be likely to) cause an Appreciable Adverse Effect on Competition (AAEC).[1]In this article, we discuss the compliance and reporting requirements applicable to parties to … Continue reading Vertical Overlaps in Merger Control

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