India, Vaish Associates Advocates updates

Competition & Antitrust

Contributed by Vaish Associates Advocates
CCI introduces concept of 'relevant period' in market definition
  • India
  • 11 October 2018

By way of two separate orders, the Competition Commission of India (CCI) dismissed two allegations of abuse of dominance against DLF Limited and DLF New Gurgaon Home Developers Pvt Limited by holding that the enterprises were not in a dominant position in Gurgaon during the relevant period. This is the first time that the CCI has introduced the concept of 'relevant period' when determining the market position of an enterprise which was previously held to be dominant in the same relevant market.

CCI penalises GDA for abusing its dominant position in Ghaziabad
  • India
  • 06 September 2018

The Competition Commission of India (CCI) has imposed a penalty on the Ghaziabad Development Authority (GDA) for abusing its dominant position. The CCI held that the GDA had violated the Competition Act by raising the cost of flats meant for Ghaziabad's economically weaker sections from Rs200,000 in 2008 to Rs750,000 in 2015 without including an enabling provision in either the scheme brochure or the allotment letter.

Delhi High Court refuses to interfere with prima facie order passed by CCI
  • India
  • 30 August 2018

In a writ petition filed by Cadila Health Care, the Delhi High Court held that the stage for challenging a prima facie order closes once the director general files its report before the Competition Commission of India (CCI). The court held that the CCI is under no obligation to record a prima facie case against every aspect involved in the matter, as it cannot foresee or predict whether a violation of the Competition Act will be found following the director general's investigation.

CCI approves initial transactions notified under Insolvency and Bankruptcy Code
  • India
  • 23 August 2018

The Competition Commission of India (CCI) has unconditionally approved the proposed acquisition of Binani Cement Ltd by Rajputana Properties, a subsidiary of Dalmia Bharat Cement Ltd. This is the first transaction to be notified to the CCI involving the acquisition of a corporate debtor under the Insolvency and Bankruptcy Code 2016. The transaction was cleared by the CCI within 13 working days of it being filed.

Supreme Court upholds CCI's interpretation of Section 4(2)(c) of Competition Act
  • India
  • 16 August 2018

The Supreme Court recently set aside the Competition Appellate Tribunal's decision in which, while dismissing a Competition Commission of India (CCI) order, it had held that a denial of market access as envisaged under Section 4(2)(c) of the Competition Act can be occasioned only to a competitor. While rejecting the narrow interpretation of Section 4(2)(c) of the act, the Supreme Court held that the CCI has a positive duty to eliminate all practices which adversely affect competition.


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