Scope Of Investigation By DG Not Limited To Prima Facie Opinion Expressed By CCI Under S. 26 of Competition Act: Delhi HC [Read Judgment]

The Delhi High Court on Thursday held that the scope of the investigation conducted by the Director-General on directions received under Section 26 of the Competition Act, 2002, is not limited to the prima facie opinion expressed by the Competition Commission of India (CCI). "The investigation has to be a comprehensive one. The DG may not, in fact, be able to anticipate what information may emerge during such investigation. Merely because the information that emerges does not pertain...

Delay Or Insufficiency Of Services Are Not Issues Under The Competition Act: CCI

The Competition Commission of India has held that elements of anti-competitive agreement and abuse of dominant position stand on a higher platform than deficiency in services, thus such inefficiency in services will not form a competition issue. The observation was made by the Commission on a complaint by the National Consumers Co-operative Federation of India Limited (Informant) under Section 19(1)(a) of the Competition Act, 2002 ("Act") against New Town Electric Supply Company...

Abuse On Account Of Collective Dominance Not Recognized By Indian Competition Regime: CCI Dismisses Allegation Of Cartelization By Telugu Film Producers [Read Order]

The competition commission of India has dismissed a complaint filed by Ashok Kumar Vallabhaneni, a Telugu Film & T.V. serial producer and distributor of dubbed Telugu movies against various studios engaged in the business of production and distribution of movies in Andhra Pradesh and Telangana. Ashok Kumar (Informant) had purchased the distribution and exhibition rights for the dubbed version of the Tamil movie 'Petta' in Telugu language, in States of Andhra Pradesh and...

CCI Directs DG To Probe If Intel Abused Its Dominant Position And Denied Market Access

The Competition Commission of India has directed the Director General (DG) to probe into allegations of abuse of dominant position by Intel Corporation and its Indian subsidiary Intel Technology India Private Limited. The decision came on a complaint filed by Matrix Info Systems Pvt. Ltd., (Informant), a Delhi based IT trading company engaged in the business of importing, distributing and supplying a wide range of IT products, under Section 19 (1)(a) (dealing with inquiry into...

CCI Imposes Penalty On LPG Gas Vendors For Cartelization In Bidding Process [Read Order]

The Competition Commission of India (CCI) has imposed penalty on 51 vendors for cartelization in the bidding process in supplying LPG Gas Cylinders to HPCL. A further penalty was imposed on 48 vendors for contravention of Section 48(1) of the Competion Act, 2002. The Commission took suo motu cognizance of the case upon receiving an anonymous letter dated 25.04.2013 alleging that a cartel was operating in tenders floated by Hindustan Petroleum Corporation Ltd. ("HPCL") in contravention of the...

CCI Finds Jaiprakash Associates Abusing Its Dominant Position, Imposes A Penalty Of 14 Crores [Read Order]

The Competition Commission of India (CCI) has imposed a fine of Rs. 13.82 crores on Jaiprakash Associates Limited (JAL) for by abusing its dominant position in contravention to the provisions of the Competition Act. The Complaint was filed by one Naveen Kataria against JAL. The Complainant also alleged that the terms and conditions in the Provisional Allotment Letter (PAL) were unfair, one-sided and loaded in favour of JAL ("Opposite Party"). The Informant in February 2019 informed that...

CCI Imposes Rs 2.7 Crore Penalty On 3 Companies For Rigging Tender [Read Order]

The Competition Commission of India held three companies liable for bid-rigging in tender for conducting tree-census in Pune and imposed a penalty of Rs. 2.7 crore on them. Background The Pune Municipal Corporation (OP-4) had been directed by the Bombay HC in PIL No.93/2009 to carry out geo-enabled tree census under the provisions of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. Consequently, tenders were floated by the Corporation. OP-4 floated four online tenders...

CCI Dismisses Petition Against Multiplexes Alleging Anti-Competitive Practices [Read Order]

Dismissing the allegations leveled by the Informant, Unilazer Ventures Private Limited, the Competition Commission of India (CCI) held that there was no prima facie case of anti-competitive practices against Multiplex Companies/Exhibitors. Background The Informant, a film content creator, alleged four multiplex houses of the country of having indulged in cartelization under the aegis of FICCI Multiplex Association of India in contravention of the provisions of Section 3 of the Competition Act,...

Can CCI Probe Company Directors For Violation Of Competition Act? SC To Decide In Mahyco-Monsanto's Plea

The Supreme Court yesterday issued notice on the Special Leave Petition filed by Mahyco Monsanto Biotech(India) Ltd(MMB) against a Delhi High Court judgment, which upheld the probe initiated by the Competition Commission of India(CCI) against the directors and key officials of the company for violation of anti-trust laws.MMB, a joint venture of Mahyco and Monsanto Holdings Pvt Ltd, is into manufacture and supply of Bt Cotton seeds. Yesterday, the SC bench of Justices S A Bobde and...

CCI Rules Out Violation Of Competition Act By Health Ministry Agency In Procurement Of Condoms [Read Order]

The CCI found the central agency to be acting with social objectives.

CCI vs TRAI : Apex Court Does The Balancing Act

The Apex court has finally put an end to the turf war between the Telecom Regulator ( TRAI ) and the market regulator ( CCI ) by recognizing the different roles played by both regulators in their respective fields and observing that regulators in each sector have assumed great significance with the advent of globalization leading to a free market economy.Elucidating their respective roles, the Supreme Court, rejected the argument of the Telcos and the TRAI that the jurisdiction of Competition...

CCI Has To Wait For TRAI Findings Before Acting On Jio's Complaint Of Cartelization By Other Telecos : SC [Read Judgment]

The Supreme Court confirmed the judgment of Bombay High Court which had set aside direction issued by the Competition Commission of India(CCI) to probe Jio's allegation of cartelization by telecom service providers Idea, Airtel and Vodafone. Yesterday, a bench of Justices A K Sikri and Ashok Bhushan dismissed the appeals filed by CCI and Reliance Jio against the Bombay High Court's judgment.Jio had approached CCI in November 2016 alleging that Idea, Airtel and Vodafone had entered into...