Latest updates

Reducing minimum period of unemployment to withdraw provident fund accumulations
Shardul Amarchand Mangaldas & Co
  • Employment & Benefits
  • India
  • August 22 2018

The Central Board of Trustees of the Employees' Provident Fund Organisation recently approved a proposal to permit provident fund members to withdraw 75% of their accumulations after a period of one month of continuous unemployment instead of two months. The proposal would come into effect when the Employees' Provident Funds and Miscellaneous Provisions Act and the Employees' Provident Funds Scheme are amended.

Supreme Court upholds CCI's interpretation of Section 4(2)(c) of Competition Act
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • August 16 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.

Bombay High Court upholds minimal judicial intervention in appointment of arbitrator
Khaitan & Co
  • Arbitration & ADR
  • India
  • August 09 2018

The Bombay High Court recently held that in accordance with the 2015 amendment of Section 11 of the Arbitration and Conciliation Act 1996, the courts' responsibility to refer a dispute to arbitration is narrow and limited to examining the existence of an arbitration agreement. Further, the high court held that an unstamped document does not bar a dispute from arbitration.

CCI imposes penalty on airlines for fixing fuel surcharge rates
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • August 09 2018

The Competition Commission of India (CCI) recently imposed a cumulative penalty of approximately Rs540 million on Jet Airways (India) Ltd, InterGlobe Aviation Limited and SpiceJet Limited for fixing fuel surcharge (FSC) rates for cargo transport. The CCI reasoned that the increase in the FSC on the same or nearly the same day indicated that the airlines had an understanding.

Investigation into Honda for imposition of vertical restraints and abuse of dominance
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • August 02 2018

The Competition Commission of India (CCI) recently directed the director general to investigate Honda Motorcycle and Scooter Private Ltd for allegations regarding the imposition of vertical restraints and abuse of its dominant position in the market for the manufacture and sale of scooters in India. The director general was directed to conduct a detailed investigation after the CCI arrived at a prima facie finding that some of Honda's activities had violated the Competition Act.

Amalgamations and transfers in insurance sector
Tuli & Co
  • Insurance
  • India
  • July 31 2018

In recent years, the Indian insurance sector has been abuzz with the news of new players looking to acquire stakes in insurers and insurance intermediaries. While the Insurance Act 1938 provides for the manner in which insurers may carry out amalgamations and transfers of insurance business, the regulations governing the amalgamation or transfer of an insurance intermediary's business remain scattered and, in some cases, non-existent.

Specific Relief (Amendment) Bill 2017: step towards new jurisprudence
Shardul Amarchand Mangaldas & Co
  • Litigation
  • India
  • June 19 2018

In order to keep pace with rapid economic growth, the Specific Relief (Amendment) Bill 2017 proposes to introduce provisions to facilitate the enforcement of contracts. Among other things, the bill proposes to remove the courts' discretionary power to decree specific performance, permit substituted performance by a third party, set up special courts for dealing exclusively with suits relating to infrastructure claims and prevent the courts from granting injunctions in contracts relating to an infrastructure project.

Government dilutes competitive neutrality: oil and gas companies exempt from CCI merger control
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • June 07 2018

Continuing its slew of exemptions, the Ministry of Corporate Affairs has exempted all public sector oil and gas companies (created under the Petroleum Act 1934) from pre-merger scrutiny by the Competition Commission of India under Sections 5 and 6 of the Competition Act 2002. The exemption – which will be valid for five years from the date of the official Gazette notification – also extends to all wholly or partly owned subsidiaries of such companies.

CCI finds prima facie case of abuse of dominance by Haryana Urban Development Authority
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • May 31 2018

In 2017 the Competition Commission of India (CCI) found a prima facie case of abuse of a dominant position by the Haryana Urban Development Authority and sent the case to the director general for further investigation. Despite the Haryana Urban Development Authority Act and Regulations being the governing law in the case, the CCI opined that it would have jurisdiction to examine the matter in order to establish any anti-competitive conduct or practice under the Competition Act.

Insurance web aggregation channel – significance of recent regulatory changes
Tuli & Co
  • Insurance
  • India
  • May 29 2018

The Insurance Regulatory and Development Authority of India (IRDAI) recently released the IRDAI (Insurance Brokers) Regulations 2018 to revise the norms governing the establishment and operation of insurance brokers in India. The regulations have introduced a myriad of changes which largely appear to bring parity between the norms applicable to insurance brokers and web aggregators, particularly with respect to solicitation through online, telemarketing and distance marketing modes.

CCI re-imposes penalty of Rs522.4 million on BCCI for abuse of dominance
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • May 24 2018

The Competition Commission of India (CCI) has re-imposed a penalty of Rs522.4 million on the Board of Control for Cricket in India (BCCI) for abuse of its dominant position in the market. The BCCI argued that it is a not-for-profit organisation established to promote cricket in India and does not engage in any kind of commercial activity with the aim of profiting. However, the CCI held that despite there being no profit motive, the BCCI should be considered an enterprise under the Competition Act.

Appropriate court in context of post-award of foreign-seated tribunal
Khaitan & Co
  • Arbitration & ADR
  • India
  • May 24 2018

The Bombay High Court recently ruled that an application under Section 9 of the Arbitration and Conciliation Act 1996 which had been filed following an award passed by a foreign-seated arbitral tribunal had to be brought before a 'court' as defined in the explanation to Section 47 rather than Section 2(1)(e)(ii) of the act. The judgment has clarified, and to a large extent simplified, the procedure for a foreign award holder.

Arbitration where insurer denies liability
Tuli & Co
  • Insurance
  • India
  • May 22 2018

The Supreme Court recently upheld the validity of a quantum-only arbitration clause and affirmed that once an insurer has denied liability, arbitration is no longer an option (unless the insurer and insured come to an independent agreement to arbitrate). In its decision, the Supreme Court stressed the importance of reviewing an insurer's declinature letter to properly assess whether liability had been denied or accepted.

CCI to investigate Star India for alleged abuse of dominance and price discrimination
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • May 17 2018

The Competition Commission of India recently initiated an investigation into Star India Pvt Ltd for an alleged violation of the Competition Act 2002 following claims filed by a private multi-system operator (MSO) engaged in cable TV distribution in the state of Kerala. The claimant alleged that Star India had engaged in anti-competitive behaviour and abused its dominant position by charging excessive licence fees compared with the fees that it had charged the claimant's competitors and other Kerala MSOs.

CCI issues cease and desist order to Indian film associations following anti-competitive conduct
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • May 10 2018

The Competition Commission of India has directed the All India Film Employee Confederation and various regional associations to cease and desist anti-competitive conduct, including suspending work and boycotting film directors who engage artists from outside the associations. The order establishes the importance of maintaining competition in the marketplace even in matters concerning workers' rights, which are otherwise protected under the respective labour statutes.

CCI exonerates nine suppliers following allegations of bid rigging in railway tenders
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • May 03 2018

The Competition Commission of India recently exonerated nine Research Designs and Standards Organisation-approved suppliers, including four sister companies, following allegations of bid rigging. The decision has further widened the scope of 'bid rigging' within company groups to include instances where subsets of bidders collude among themselves. However, in order to establish collusion between these subsets, the parties' intent and the outcome of their behaviour must also be established.

CCI dismisses allegations of anti-competitive conduct against Kerala film associations
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • April 26 2018

The Competition Commission of India (CCI) has dismissed allegations of anti-competitive conduct under Sections 3 and 4 of the Competition Act against the Kerala Film Producers Association and the Film Distributors Association. The CCI found no sufficient material on record to suggest that the defendants had enforced a ban on the distribution of films to the claimant for exhibition in his theatres. Therefore, no violation of the act could be found to have occurred.

CCI denies chemical companies' single-entity defence against collusive bidding
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • April 12 2018

The Competition Commission of India recently imposed penalties totalling Rs62.7 million on three chemical companies for bid rigging and collusive bidding under the Competition Act. The order marks a significant positive development in regard to the concept of a 'single economic entity' in India, bringing practice in line with that of mature competition law jurisdictions.

CCI dismisses allegations of anti-competitive conduct against industrial development companies
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • April 05 2018

The Competition Commission of India (CCI) has dismissed allegations of anti-competitive conduct against Maharashtra Industrial Development Corporation and Royal Power Trunkey Implements Private Limited on the grounds that the claimant's grievance stemmed from the defendants' alleged non-adherence to tender conditions and circulars. Therefore, the CCI opined that no case regarding violation of the Competition Act had been made against the defendants.

CCI issues advisory to pharmaceutical companies while penalising All Kerala Chemists & Druggists Association
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • March 29 2018

The Competition Commission of India (CCI) has imposed monetary penalties on the All Kerala Chemists & Druggists Association and two of its district units, as well as their office bearers, for ordering pharmaceutical companies to obtain no objection notices (NOCs) before appointing new stockists. The CCI issued its first general direction and stern advisory to all pharmaceutical companies to cooperate in eradicating the practice of mandatory NOCs and report any such demand to the CCI.