Meta, WhatsApp Undertakes To Comply With NCLAT Order Extending CCI's Privacy Safeguards To Advertising Data By March 16

WhatsApp and Meta on Monday told the Supreme Court that they will comply with the National Company Law Appellate Tribunal's directions extending CCI's privacy and consent safeguards initially applicable to non-advertising data to advertising-related data sharing. They did not press their plea seeking a stay. Senior Advocate Kapil Sibal, appearing for the platforms, said an affidavit has been filed explaining what data is shared and what is not. He told the court the companies will comply with...

United India Insurance Bid-Rigging Case: Supreme Court Tags CCI Appeal Over ₹32.76 Lakh Interest With Penalty Appeal

The Supreme Court on Friday deferred to March the hearing of the Competition Commission of India's appeal challenging a Delhi High Court judgment that had quashed its demand of Rs. 32.76 lakh as interest for alleged delay in payment of a bid-rigging penalty imposed on United India Insurance Company Ltd. A Bench of Justices K.V. Viswanathan and Atul S. Chandurkar was informed by Attorney General R. Venkataramani, appearing for the CCI, that a connected civil appeal challenging the reduction of...

Supreme Court Stays NCLAT Finding On Patents Act Prevailing Over Competition Act

The Supreme Court on Monday stayed key observations of the NCLAT, which had held that the Patents Act prevails over the Competition Act and that the Competition Commission of India lacks jurisdiction to inquire into alleged anti-competitive conduct involving patented products A bench of the Supreme Court of India comprising Justice J.B. Pardiwala and Justice Vijay Bishnoi issued notice in an appeal filed by the Competition Commission of India against the NCLAT's order dated October 30,...

Supreme Court Remands Flipkart Appeal Against NCLAT Order Prima Facie Finding It Preferred Certain Sellers

The Supreme Court of India on Tuesday sent back to the National Company Law Appellate Tribunal a case alleging abuse of dominance by Flipkart in favouring select sellers on its marketplace. The appeal filed by Flipkart challenges an NCLAT order dated March 4, 2020, which had set aside the closure of the case by the Competition Commission of India and held that the material on record disclosed a prima facie case of abuse of dominance warranting investigation. The NCLAT order was passed on an...

'What Is The User's Choice?' Supreme Court Questions WhatsApp's Privacy Policy In Appeal Against CCI Penalty

The Supreme Court of India on Tuesday warned Meta and WhatsApp that it would not allow the sharing of even “a single word” of user data with other Meta group companies, saying such practices cannot override citizens' right to privacy. “We will not allow you to share a single word of your data. How can you play with the right of privacy of the people like this” the court said, describing the policy as “a decent way of committing theft of private information.”The court was hearing appeals by Meta...

Supreme Court Refuses To Interfere With Kerala High Court Order Allowing CCI Probe Against Jiostar

The Supreme Court on Tuesday declined to interfere with a Kerala High Court ruling that permitted the Competition Commission of India (CCI) to investigate allegations that Jiostar India Private Limited abused its dominant position through discriminatory pricing in the Kerala cable television broadcasting market, even though the sector is regulated by the Telecom Regulatory Authority of India (TRAI). A bench of Justices J.B. Pardiwala and Sandeep Mehta dismissed a special leave petition filed by...

Supreme Court Dismisses Byju Raveendran's Appeal Against NCLAT Order Mandating CoC Nod For BCCI's Plea To Withdraw CIRP

The Supreme Court on Friday dismissed an appeal filed by Byju Raveendran, suspended director and promoter of Think and Learn Private Ltd (which ran the Ed-Tech firm Byju's), challenging an order of the National Company Law Appellate Tribunal which held that the approval of the Committee of Creditors is necessary for the application filed by the BCCI to withdraw the insolvency proceedings against Byju's.A bench of Justice JB Pardiwala and Justice KV Vishwanathan dismissed the appeal....

IBC | For Resolution Plan Involving Combination, Prior Approval Of Competition Commission Mandatory Before CoC Examination : Supreme Court

The Supreme Court on January 29, by 2:1 majority, observed that a resolution plan under the Insolvency and Bankruptcy Code, containing a proposed combination(a merger or amalgamation of entities), should only be placed before the Committee of Creditors (CoC), after it has been approved by the Competition Commission of India (CCI).In this regard, the Court referred to Section 31(4) proviso of the IBC. This proviso talks about the approval of the resolution plan and its proviso reads as:“Provided...