Competition Act 2002

4th Jun, 2018

National Company Law Appellate Tribunal is not justified in dismissing the main appeal for non-compliance of the direction to deposit the amount as a condition for grant of stay

  Supreme Court has held Appeals to Appellate Tribunal under Section 53B of the Competition Act 2002 does not impose any condition of pre-deposit for entertaining the appeal. Therefore, right to file the appeal and […]
24th Sep, 2014

Regulatory actions are not amenable to the jurisdiction of Competition Commission #indianlaws

Issue of abuse of dominance by IRDA did not arise and no case of contravention of the provisions of section 4 of the Act was made out against IRDA.
10th Sep, 2014

Lottery Business not under the purview of Competition Act, 2002 #indianlaws

Competition Act would be applicable to legitimate trade and goods to ensure competition in the market, to protect the interest of the consumers and freedom of trade in markets which are res commercium. The lottery […]
30th Aug, 2014

Automobile Companies charged with mammoth penalty by Competition Commission of India #indianlaws

The Commission observed that in deciding the remedies its primary objective is to correct the distortions in the aftermarket, to provide corrective measures to make the market more competitive, to eradicate practices having foreclosure effects […]
31st Jul, 2014

Manufacturer restricting market to its authorised sellers alone does not amounts to abuse of dominance #indianlaws

Offline and online markets differ in terms of discounts and shopping experience and buyers weigh the options available in both markets and decides accordingly. If the price in the online market increase significantly, then the […]
10th Jul, 2014

Alternative remedy to filing of appeal under Section 53T of Competition Act not an absolute bar # indianlaws

The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
21st May, 2014

Testing time for Real Estate Sector, another set back to DLF after Supertech #indianlaws

Testing time for Real Estate Sector, another set back after Supertech Judgement
2nd May, 2014

NOIDA is the sole authority to identify and develop sites for varied land uses #indianlaws

NOIDA is the sole authority to identify and develop sites for varied land uses and to allocate plots/properties in accordance with State policies
2nd May, 2014

Criterion for determining if tendering/ bidding is anti-competitive #indianlaws

Informant, a Company engaged in the business of providing application software solutions and services, particularly to the agencies of the Government of India, State Governments, UTs, PSUs, semi-government agencies etc. The informant filed the present […]
3rd Apr, 2014

Institute of Chartered Accountant(ICAI) is an enterprise within the meaning of Competition Act, 2002

Non-regulatory activities of ICAI would fall within the definition of ‘enterprise’ as organizing of CPE seminars cannot be understood as sovereign function attracting exemption under the definition of ‘enterprise’. #CompetitionAct  
3rd Apr, 2014

Predation through Judicial process-An increasing threat to Competition #indianlaws

Competition Commission formed a prima facie opinion that JCB by abusing their dominant position in the relevant market sought to stifle competition in the relevant market
27th Feb, 2014

What Is An “Agreement” Under The Competition Act, 2002

It is the duty of the Competition Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.