Competition Law Newsletter – September 2023

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This newsletter, authored by the DSK Legal Competition Law Team, presents an overview of key developments in competition law in India for the month of September 2023.

In the ever-evolving landscape of competition law in India, the latest edition of the monthly DSK Legal Competition Law Newsletter September 2023 brings you a treasure trove of updates and insights. The past month has seen an unprecedented flurry of activity from the Competition Commission of India (CCI), with over thirty orders being passed, offering a glimpse into the dynamic world of antitrust regulation. In this edition, we present some of the most significant orders and developments from the CCI, along with eagerly awaited draft regulations on Settlement & Commitment, and Combinations, released for stakeholder comments. Here’s a snapshot of the major highlights:

Major Developments

1. Release of Draft Regulations

The CCI has taken a significant step forward by releasing draft regulations on key aspects of competition law. These drafts are now open for stakeholder comments and promise to shape the future of competition law in India. The draft regulations cover the following areas:

  • Settlement: This draft regulation outlines the procedures and requirements for settling cases through negotiations between the parties and the CCI.
  • Commitment: The draft regulation on commitment elaborates on the framework for parties to voluntarily commit to specific actions to resolve competition concerns without facing formal enforcement proceedings.
  • Combinations: Addressing mergers, acquisitions, and other combinations, this draft regulation sets the stage for clearer guidelines and expectations in this critical area of competition law.

Madras High Court

2. Dismissal of Appeal against Google by App Developers

In a significant legal development, the Madras High Court dismissed an appeal against Google by app developers. This decision has implications for the relationship between tech giants and app developers and could have far-reaching consequences.

NCLAT

3. NCLAT Dismisses Appeal to Investigate PVR-Inox Merger

The National Company Law Appellate Tribunal (NCLAT) dismissed an appeal seeking an investigation into the merger of two major cinema chains, PVR and Inox. This decision underscores the importance of clarity and transparency in merger reviews.

Competition Commission of India – Enforcement Orders

The CCI has been particularly active in enforcing competition law in recent times. Here are some of the notable enforcement orders:

4. Chandigarh Housing Board:

The CCI directed the Chandigarh Housing Board to desist from abusive conduct, signaling a strong stance against anti-competitive behavior in the real estate sector.

5. Chemist Associations:

In a move against collusive behavior, the CCI passed a cease and desist order against Chemist Associations, emphasizing its commitment to fair competition in the pharmaceutical industry.

6. Tata Motors:

Tata Motors was cleared of abuse allegations, demonstrating the importance of robust investigations and the principle of innocence until proven guilty.

Gun-Jumping Orders

The CCI also issued gun-jumping orders in several cases, ensuring that parties involved in combinations do not act prematurely. Notable cases include:

7. Gun-Jumping Orders Against:

a) Mass Mutual
b) Cummins Inc.
c) ADIA & TPG
d) National Thermal Power Corporation
e) Bharti Airtel and Warburg Pincus
f) Axis Bank

These orders reinforce the importance of adherence to merger control procedures and timelines.

Combination Order

8. Acquisition of Unichem by Ipca Labs Approved

The CCI approved the acquisition of Unichem by Ipca Labs, a decision that will have implications for the pharmaceutical industry and the broader market.

As we navigate the complex terrain of competition law in India, these developments and orders provide valuable insights into the evolving regulatory landscape. We hope this Competition Law Newsletter September serves as a useful resource, and we welcome your feedback and inquiries. Please do not hesitate to reach out for any clarifications or further information.

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Disclaimer: The content provided in this newsletter is for informational purposes only and does not constitute legal advice.

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