Delhi HC Reserves Order On Maintainability Of Future Group's Plea Seeking Injunction On Amazon's Interference In Deal With Reliance Retail

The Delhi High Court has reserved order on the maintainability of a plea by Kishore Biyani-led Future Retail Ltd (FRL) seeking an ad-interim injunction against Amazon Inc for sending letters to various regulatory authorities writing about an injunction award by an Emergency Arbitrator against Future Retail Ltd's acquisition by Reliance Industries Ltd's entities for about Rs. 24, 713 crores. The Single Bench of Justice Mukta Gupta also directed both the parties to submit their written...

Delhi HC Issues Notice, Seeks Amazon's Reply On Future Groups's Plea Seeking Injunction On Amazon's 'Interference' In Deal With Reliance Retail

The Delhi High Court today issued notice on a plea by Kishore Biyani-led Future Retail Ltd (FRL) seeking an ad-interim injunction against Amazon Inc for sending letters to various regulatory authorities writing about an injunction award by an Emergency Arbitrator against Future Retail Ltd's acquisition by Reliance Industries Ltd's entities for about Rs. 24, 713 crores. The single judge bench of Justice Mukta Gupta, after hearing Future Retail, Reliance and Amazon Inc issued summons to...

Integration Of 'Google Meet' With Gmail Abuse Of Dominant Position : Law Student's Plea Before CCI

The Competition Commission of India has issued on a complaint filed by a law student alleging that Google has abused its dominant position by integrating it Video Conferencing app 'Google Meet' with Google Mail(Gmail).The CCI has asked Google LLC and Google India Digital Services Ltd to respond within four weeks to the complaint filed by Baglekar Akash Kumar, 5th-year law student of Osmania University College of Law, Hyderabad.According to Kumar, the act of the integration of Google Meet into...

Abuse Of Dominant Position In The Smart TV Market: Antitrust Case Against Google

According to a report from Reuters, a new antitrust case against Google has been filled in Competition Commission of India. In this case it is alleged that google has abused its dominant position in the smart TV market by blocking the companies who want to create or modify android system. However, the case is in its preliminary stage and allegations are yet to be reviewed by the members and chairperson of CCI also no orders of any investigations are given. This is not the first...

SC Asks Adani Gas To Deposit Rs 3.20 Crore For Stay Of Recovery Of Penalty Imposed By CCI For Abuse Of Dominant Position[Read Order]

The Supreme Court on Wednesday granted a conditional stay of the recovery of the penalty imposed by the Competition Commission of India (CCI) against Adani Gas Limited for abuse of dominance position.While granting the stay of recovery, a bench comprising Justices D Y Chandrachud, Indu Malhotra and K M Joseph directed Adani Gas Ltd to deposit a sum of Rs 3.20 crores within four weeks out of the total quantum of penalty of Rupees 6.40 crores.The matter was directed to be listed in March 2021 for...

Whatsapp Pay - CCI Dismisses Plea Alleging Abuse Of Dominant Position By Whatsapp & Facebook [Read Order]

The Competition Commission of India has dismissed a plea which sought investigation against Whatsapp and Facebook for alleged abuse of dominant position by rolling out Whatsapp Pay feature.Harshita Chawla, a lawyer, had approached the Commission alleging that Facebook backed WhatsApp, is violating the provisions of Section 4 of the Competition Act, by using its dominance in the internet based instant messaging App, is bundling its messaging App with the payment option (WhatsApp Pay) thereby...

Non-Personal Data Governance Framework And Competition Act

The recent report by the Committee on Non-Personal Data Governance Framework is unique in its treatment of data. Even though this framework is merely in Report form at present it is expected to become the basis of a new national legislation for regulating non-personal data. Recognising the many complications and conflicts that any attempt to regulate non-personal data would give rise to, the Committee had also called for comments from the public and stakeholders on the Report. The...

The Relevance Of 'Relevant Market' In Digital Market Under Competition Law In India

The Indian Market paradigm has undergone a sea change over the past decade. The digital market has had a profound impact on competition laws and has witnessed a metamorphosis. Digitalization has led to a new trends and development in the commercial practice and has caused a redeployment of competitive forces. This reprisal of market power has lead proactive steps in the market disruption. For Instance, the German Federal Cartel Office has set up a "Task Force for Internet Platforms"...

Deal Value Threshold In India's Data Driven Market

The much-awaited Competition law Amendment Bill 2020 was released for public comments in late February. One of the significant proposals in the Bill is that it enables the CCI and Central government to define new thresholds for merger notification by insertion of a proviso to Section 5. It enables the CCI to introduce sector-specific thresholds like deal- value thresholds. The objective behind the deal value threshold is to capture the acquisitions between the players in the digital...

Monsanto v. CCI – A Critique of Delhi High Court's Judgment

Introduction A Single Bench of the High Court of Delhi gave its judgement in Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. on 20th May 2020, dealing with the question of overlap of jurisdiction between the Competition Commission and the Patents Controller. This paper aims to present a critique of the judgement by analysing the core arguments and examining the conflict between Competition Act, 2002. and the Patents Act, 1970. While one perception regarding...

[Breaking] Justice Sangita Dhingra Sehgal Resigns As Judge Of Delhi HC; Set To Take Charge As President, Delhi SCDRC

[Updated]The Central Government on Thursday accepted the resignation tendered by Justice Sangita Dhingra Sehgal, judge of Delhi High Court with effect from May 30."Smt. Justice Sangita Dhingra Sehgal has tendered her resignation from the office of Judge, Delhi High Court, in pursuance of proviso (a) to clause (1) of Article 217 of the Constitution, with effect from 30 May, 2020", said a notification issued by the Department of Justice on Thursday.She joined the Delhi High Court as additional...

Monsanto Bt Cotton: Delhi HC Holds That CCI 's Jurisdiction To Hear Complaints Regarding Abuse of Dominance In Respect To Patent Rights Not Excluded [Read Judgment]

While highlighting that there's no conflict between the Patents Act and the Competition Act, the Delhi High Court has held that the jurisdiction of the CCI to entertain complaints regarding abuse of dominance in respect to patent rights could not be excluded. The Single Bench of Justice Vibhu Bakhru further noted that the exclusionary clause under section 3(5) of the Competition Act cannot allow the patentee to include onerous conditions under the guise of protecting its rights. ...