Competition Commission Of India & E-Commerce: Initial Days & Way Ahead.

Legal News & Analysis - Asia Pacific - India - Competition & Antitrust - Regulatory & Compliance

11 May 2020

 

Introduction

 

The advent of increased digitalization of the economy in recent times has led to a paradigm shift towards online trade and e-commerce, and disrupting traditional business models. Physical offices have given way to online and digital platforms across a number of sectors: be it travel (with the proliferation and growth of online travel agencies such as MakeMyTrip, Cleartrip and Yatra), entertainment (OTT platforms like Netflix and Prime Video revolutionizing viewership) or shopping either for consumer goods, electronics or groceries (Flipkart, Amazon, Myntra and Grofers to name a few)...

more...

 

 

 

  • CCI Directs Investigation against MakeMyTrip India Pvt. Ltd. and Oravel Stays Pvt. Ltd.

    On February 24, 2020, CCI directed an investigation against MMT and Oravel Stays Pvt. Ltd. (‘OYO’) pursuant to a complaint by Rubtub Solutions Pvt. Ltd. (‘Rubtub’) alleging anti-competitive agreements and abuse of dominant position...

 
  • CCI Dismisses Allegation of Bid-Rigging against Suppliers of Shirts

    On February 21, 2020, CCI dismissed a complaint by CP Cell, Directorate General Ordinance Service, Master General of Ordnance Service (‘CP Cell’) against 4 suppliers of shirts namely M/s NCFD (‘NCFD’), M/s Kaushalya Industries (‘KI’), M/s AVR Enterprises (‘AVRE’) and M/s PN Gupta & Sons (‘PNGS’) alleging bid-rigging...

 
  • CCI Dismisses Allegation of Bid-Rigging against Suppliers of Durries

    On February 21, 2020, CCI dismissed a complaint filed by CP Cell against 3 suppliers of Durries namely M/s HP State Handicraft & Handloom Corporation (‘HP Handicraft’), M/s Standard Gram Udyog Sansthan (‘Standard Gram’) and M/s Integrated Defence Product Pvt. Ltd. (‘Integrated Defence’) alleging cartelization...

 
  • CCI Dismisses Complaint against Eastern Railways

    On February 28, 2020, CCI dismissed a complaint filed by Abhiraj Associates Pvt. Ltd. (‘AAPL’) alleging that Eastern Railways has entered into an anti-competitive agreement in contravention of Section 3 of the Act...

 
  • CCI Dismisses a Suo-Moto Investigation against Alleged Cartelization in Supply of Anti-Vibration Rubber Products and Automotive Hoses

    On February 26, 2020, CCI dismissed a suo-moto investigation in relation to alleged cartelization amongst suppliers of (i) Anti-Vibration Rubber Products (‘AVR Products’); and (ii) Automotive Hoses (Water and Fuel) (‘Hoses’), in relation to Requests for Quotations (‘RFQs’) issued by automobile original equipment manufacturers (‘OEMs’)...

 
  • CCI finds Anti-Competitive Agreement between Bengal Chemists and Druggists Association, Alkem Laboratories and Macleods Pharmaceutical Limited, but Desists from Imposing Penalties

    On March 12, 2020, CCI found that Bengal Chemists and Druggists Association (‘BCDA’), Alkem Laboratories (‘Alkem’) and Macleods Pharmaceutical Limited (‘Macleod’) along with their office bearers, had contravened the provisions of Section 3 of the Act. CCI’s finding was pursuant to information filed by two pharmaceutical stockists...

 

 

 

  • NCLAT Sets Aside CCI’s Closure Order in Alleged Abuse of Dominance against Flipkart

    On March 4, 2020, NCLAT set aside CCI’s order dismissing allegations pertaining to abuse of dominance filed by the All India Online Vendors Association (‘AIOVA’) against Flipkart India Private Limited (‘Flipkart India’) and Flipkart Internet Private Limited (‘Flipkart Internet’) (collectively, ‘Flipkart’)...

 
  • NCLAT Sets Aside CCI’s Order under Section 43A of the Act against M/s Eli Lilly & Company

    On March 12, 2020, NCLAT set aside CCI’s order imposing a penalty on M/s Eli Lilly & Company (‘Eli Lilly’) under Section 43A of the Act for failure to notify its acquisition of Novartis AG’s animal health business in India (‘NAH India’) (‘NAH Acquisition’) to the CCI in compliance with provisions of Section 6(2) of the Act (‘CCI Order’)...

 
  • NCLAT Partially Affirms CCI’s Order Penalizing Adani Gas Limited for Abusing its Dominant Position

    On March 5, 2020, in cross-appeals filed by Adani Gas Limited (‘Adani’) and Faridabad Industries Association (‘FIA’), NCLAT affirmed CCI’s order penalizing Adani for abusing its dominant position in the market for supply and distribution of natural gas to industrial consumers in Faridabad. However, NCLAT revised the monetary penalty imposed by CCI...

 
  • NCLAT Affirms CCI Order Rejecting Allegations of Abuse of Dominance against SKF India Ltd.

    On March 12, 2020, NCLAT dismissed an appeal filed by Asmi Metal Products Pvt. Ltd. (‘Asmi Metal’) against CCI’s order rejecting allegations of abuse of dominant position against SKF India Ltd. (‘SKF’)...

 
  • NCLAT Dismisses an Appeal filed by Uttarakhand Agricultural Produce Marketing Board on Maintainability

    On March 12, 2020, NCLAT dismissed an appeal filed by Uttarakhand Agricultural Produce Marketing Board (‘UT Marketing Board’) against the order of CCI issuing show cause notices to Garhwal Mandal Vikas Nigam Limited (‘Garhwal Mandal’) and Kumaun Mandal Vikas Nigam Limited (‘Kumaun Mandal’), on the grounds that the appeal is not maintainable under Section 53B(a) of the Act...

 
  • NCLAT Affirms CCI Order against Association of Malayalam Movie Artists & Others Imposing Penalty for Anti-Competitive Agreement

    On March 13, 2020, NCLAT dismissed an appeal filed by the Association of Malayalam Movie Artists (‘AMMA’), Film Employees Federation of Kerala, FEFKA Director’s Union, FEFKA Production Executive’s Union (collectively ‘FEFKA’) and others, against a CCI order penalizing the above parties and their office bearers for contravention of Section 3 of the Act...

 
  • NCLAT Affirms CCI’s Order Penalizing Verifone India Sales Pvt. Ltd. for Contravention of Abuse of Dominance

    On March 13, 2020, NCLAT dismissed two connected appeals filed by Verifone India Sales Pvt. Ltd. (‘Verifone’) against two orders passed by CCI finding an abuse of dominant position by Verifone (‘CCI Orders’). The CCI Orders were passed pursuant to information filed by Atos Worldline India Pvt. Ltd. (‘Atos’) and Three D Integrated Solutions Ltd. (‘Three D’)...

 
 

For further information, please contact:

 

Zia Mody, Partner, AZB & Partners

zia.mody@azbpartners.com