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From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023
Introduction The Competition Act[1] describes ‘turnover’ as the ‘value of sale of goods or services’. Associated with this provision, is the provision specifying the penalty[2] for anti-competitive agreements,[3] which until recently, did not specify whether this ‘turnover’ was to be based on total/global turnover (derived from all the products and services by an enterprise)[4] or … Continue reading From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023
Read more »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
Read more »CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram
Introduction The objective of the Competition Act, 2002 [hereinafter the “2002 Act”] is simple i.e., to eliminate practices that hamper competition, to promote and sustain competition, to ensure the welfare of consumers, and to secure freedom of trade by eliminating cartelization. However, despite the objective being as simple as it is, the jurisdiction of the … Continue reading CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram
Read more »Antitrust Issues In Entertainment And Film Industry (Part 2)
In the last segment, we analysed how section 3 of the Competition Act, 2002 (hereinafter the Act) works in the entertainment industry, and how it can be used. In this part, we’ll look at how section 4 of the Act works in the entertainment business. Section 4 of the Act talks about people who use … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 2)
Read more »Antitrust Issues In Entertainment And Film Industry (Part 1)
Introduction: India’s film industry is so glamorous that it attracts people from all over the world. Given how huge the industry is, there are various laws that apply to it. In the present article, we will be analysing the antitrust issues in the film industry and the application of Competition Laws. Competition law is the … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 1)
Read more »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
Read more »Analysis of Competition Commission of India’s Approach towards Antitrust Issues in Unified Payment Transactions (UPI) Sector
It is no secret that digital payments in India have exploded over the last five years as data and smartphone usage has increased. The National Payments Corporation of India’s (hereinafter NPCI) Unified Payment Interface (hereinafter UPI) technology has been the primary driver of this expansion. CAGR of 414 percent was recorded for UPI transactions in … Continue reading Analysis of Competition Commission of India’s Approach towards Antitrust Issues in Unified Payment Transactions (UPI) Sector
Read more »The Antitrust issues in digital markets – Modifiable anti-competitive conduct of Artificial Intelligence
Digital goods and services are everywhere and have gained prominence because of the continuing pandemic that restricts consumer mobility. Although digital markets are at the center of the contemporary economy, some kind of intervention is now obvious, as well as antimonopoly, to enhance their reactions to consumer welfare. Competition between players guarantees cheap pricing and … Continue reading The Antitrust issues in digital markets – Modifiable anti-competitive conduct of Artificial Intelligence
Read more »Antitrust Investigation into Amazon and Flipkart: An Overview
In line with the recent trend of increasing scrutiny against Big-Tech firms, the Competition Commission of India [hereinafter “CCI”] is ready to accelerate the anti-trust investigation that was launched against Amazon Seller Services Private Limited [hereinafter “Amazon”] and Flipkart Internet Private Limited [hereinafter “Flipkart”] last year in the month of January. This move comes as … Continue reading Antitrust Investigation into Amazon and Flipkart: An Overview
Read more »Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India
Introduction The term ‘aftermarket’ is generally used in the automobile industry and it is generally a secondary market dealing in spare parts, accessories and other components for motor vehicles. It is also concerned with the service, maintenance and customization of vehicles in the automobile sector. The other support and maintenance markets involve kinds of services … Continue reading Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India
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