Competition Law in India: Research

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Competition
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December 2020
Competition Law in India
December 2020
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Acknowledgements
Pratibha Jain
[email protected]
Simone Reis
[email protected]
Payel Chatterjee
[email protected]
Vinay Shukla
[email protected]
Prashant Prakhar
[email protected]
Krithika Ramesh
[email protected]
Atikant Kaur
[email protected]
Mohak Kapoor
[email protected]

Contents
1. INTRODUCTION 01
2. ANTI-COMPETITIVE AGREEMENTS 02
I. Examination at the stage of Section 26 (1) 04

II. Examination at the stage of passing an order under Section 26 (2) and Section 27 05
3. ABUSE OF DOMINANCE 06
I. Examination at the stage of Section 26 (1) 08

II. Examination at the stage of Section 26 (2) and 27 09
4. PROCEDURAL CONSIDERATIONS IN BEHAVIORAL CASES 10
I. Introduction 10
II. CCI Inquiry Process 10
III. Before DG Investigation 10
IV. DG Investigation 10
V. Post DG Investigation 11
VI. Special Investigative Tools 13
VII. Leniency 13
VIII. Leniency available for cartels only 13
VIII. Leniency process before the CCI 13
IX. Dawn raids 14
X. Applicable cases 14
XI. Appeal process 14
XII. Appealable orders 14
XIII. Procedure before the NCLAT 15
XIV. Supreme Court 15
XV. Writ jurisdiction 15
5. MERGER CONTROL REVIEW 16
I. Overview of the merger control regime under the Competition Act 16

II. Jurisdictional thresholds 16
III. Exemptions 17
IV. Statutory Exemptions 17
V. Target Based Exemption 18
VI. Other MCA exemptions 18
VII. Process considerations 18
VIII. Phase I and Phase II Inquiries 18
IX. Form I v. Form II 19
X. Green Channel 19
XI. Pre-filing Consultation 19
XII. Post CCI Notification 19
XIII. Assignment of case team 20
XIV. Consequences for non-compliance 20
XV. Appeals 20

6. RISK MITIGATION STRATEGIES BASED ON JURISPRUDENTIAL TRENDS 21
I. Introduction 21
II. High scrutiny sectors 21
III. General take-aways for high scrutiny sectors 21
IV. High level risk mitigation strategies for market leaders 23
V. Determining compliance requirement 23
VI. Arrangements with distributors and dealers 23
VII. Dual role of regulator and participant 24
VIII. High level risk mitigation strategies for dealing with rivals 24
IX. Direct contact with competitors 25
X. Indirect contact with competitors 25
XI. Observations and recommendations 25
ANNEXURE A 26
Summaries of Cases discussed in the Report 26
ANNEXURE B-1 38
Orders under Section 26 (1) of the Act Directing Investigation by DG 38
ANNEXURE B-2 42
Orders Passed under Section 26 (2) of the Act by the Commission Dismissing the Case 42
ANNEXURE B-3 58
Orders under Section 26 (6) of the Act directing further investigation 58
ANNEXURE B-4 61
Orders under Section 27 of the Act holding conduct of opposite party in

violation of the Act 61

1. Introduction
A vibrant and effective competition law framework in view of the economic development of the country, for
is essential for the growth of any economy. It the establishment of a Commission to prevent practices
helps in regulating a fair market, devoid of any having adverse effect on competition, to promote and
anti-competitive practices that cause harm to the sustain competition in markets, to protect the interests of
customers as well as the businesses. Competition law consumers and to ensure freedom of trade carried on by
is an essential tool to maintain balance in the markets other participants in markets, in India...’
by ensuring that a few prominent players do not single
The Act provides for prohibitions and regulates (A)
handedly run the show, rather the market operates in
anticompetitive agreements (u/s 3 of the Act) (B)
a manner wherein the practices do not lead to barriers
abuse of dominant position (u/s 4 of the Act) (C)
of entry for small businesses or lead to unfair burden
combinations (u/s 5 & 6 of the Act). The Act established
being put on businesses compelling them to indulge
the Competition Commission of India (“CCI” /
in unfair practices, to rise against the competition.
“Commission”) and erstwhile Competition Appellate
In India, the competition law framework, has Tribunal (“COMPAT”) (which has now been merged
emerged from being governed by the erstwhile with the National Companies Law Appellate Tribunal
Monopolistic and Restrictive Trade Practice Act, (“NCLAT” both referred to together as “Tribunal”),
1969 (“MRTP”) to the current Competition Act, to be the primary authorities vested with the
2002 (the “Act”). The MRTP Act, was framed on the responsibility and powers to implement the provisions
basis of socialistic ideas and philosophies, which is of the Act, to curb restrictive trade practices and ensure
an essential element of the Directive Principles of consumer welfare.
State Policy (“DSP”). The primary object of MRTP
This report examines the development of the
was to curb and restrict formation of monopolies
competition law framework in India. The report is
in the market. It was considered that any such
divided into different chapters, each highlighting
concentration of power in a free market in the
the issues and the legal framework under different
hands of a few, will hamper the economic growth
aspects of competition law. The developments
and interests of the consumers and thus, must be
that have been pronounced and effectuated by the
restricted. However, MRTP did not envisage effective
commission and the tribunal, in regulating the
measures against the public sector companies and
market practices have been examined for the purpose
was unfairly more restrictive to the private sector.
of presenting an inclusive overview of the practice
Further, terms such as collusion, abuse of dominance,
in India. This report is divided into chapters (I) Anti-
price fixing and bid rigging, were not defined, which
Competitive Agreements, under Section 3 of the Act,
lead to the MRTP becoming ineffective to tackle
and examines provisions restricting such practices
the evolving challenges in the Indian market post
along with the latest developments by the Courts; (II)
reforms in 1991.
Abuse of Dominance, under Section 4 of the Act, and
Therefore, the Competition Act, 2002 (“Act”) was examines factors considered to establish dominance
introduced to cover the inadequacies of MRTP and and misuse of such power to create anti-competitive
to serve as an effective legislation to promote fair environment in the market; (III) Procedure for
trade practices in the Indian market. The objective investigation under the Act; (IV) Merger Control (V)
of the Act can be further gathered from its preamble Risk Mitigation.
which states as follows ‘An act to provide, keeping
1
2. Anti-Competitive Agreements
Section 3 of the Act states that any agreement which the former is aimed at horizontal agreement2 and
causes or is likely to cause an appreciable adverse later at vertical agreements.3 Horizontal agreements
effect on competition (“AAEC”) in India is deemed, relating to activities referred to under Section 3 (3) of
anti-competitive. Section 3 (1) of the Competition Act the Act are presumed to have an AAEC within India.
prohibits any agreement with respect to “production, The Supreme Court of India in Sodhi Transport Co. v.
supply, distribution, storage, and acquisition or control State of U.P.4 has interpreted ‘shall be presumed’ as a
of goods or services which causes or is likely to cause presumption and not evidence itself, but merely indicative
an appreciable adverse effect on competition within on whom burden of proof lies.
India”. Although the Act does not define AAEC and
Section 3(3) of the Act provides that agreements or a
nor is there any thumb rule to determine when
‘practice carried’ on by enterprises or persons (including
an agreement causes or is likely to cause AAEC,
cartels) engaged in trade of identical or similar products
Section 19 (3) of the Act specifies certain factors for
are presumed to have AAEC in India if they: -
determining AAEC under Section 3:
i. creation of barriers to new entrants in the market; § Directly or indirectly fix purchase or sale prices;
ii. driving existing competitors out of the market; § Limit or control production, supply, markets,
technical development, investments or provision
iii. foreclosure of competition by hindering entry of services;
into the market;
§ Result in sharing markets or sources of production
iv. accrual of benefits to consumers; or provision of services;
v. improvements in production or distribution of § Indulge in bid-rigging or collusive bidding.

goods or provision of services;
The first three types of conducts may include all firms
vi. promotion of technical, scientific and economic in a market, or a majority of them, coordinating their
development by means of production or business, whether vis-à-vis price, geographic market,
distribution of goods or provision of services. or output, to effectively act like a monopoly and share
the monopoly profits accrued from their collusion.
The language in section 19(3) states that the CCI shall
The fourth type of cartelized behavior may involve
have ‘due regard to all or any’ of the aforementioned
competitors collaborating in some way to restrict
factors. In the adjudications that have been analyzed
competition in response to a tender invitation and
by us below, we note that the CCI has examined
might be a combination of all the other practices.
the allegations and material on record as against
the elements of Section 19(3) of the Act as set out In the Suo Moto case of Alleged cartelisation in supply of LPG
above. In Automobiles Dealers Association v. Global Cylinders procured through tenders by Hindustan Petroleum
Automobiles Limited & Anr.1, CCI held that it would be Corporation Ltd. (HPCL)5, the CCI imposed penalty on 51
prudent to examine an action in the backdrop of all bidders in the tender who had withdrawn their bids and
the factors mentioned in Section 19(3). the withdrawal had been submitted using a common
format and similar language was employed in all letters
The Act does not categorize agreements into
horizontal or vertical however the language of
2. Between actual or potential competitors operating at the same
Sections 3 (3) and 3 (4) makes it abundantly clear that level of the supply chain.
3. Between firms operating at different levels, i.e. agreement
between a manufacturer and its distributor.
4. AIR 1986 SC 1099.
1. Case No. 33 of 2011, decided on 3.7. 2012. 5. Case No 1 of 2014 decided on 9.8.2019
2
submitted to HPCL by many of the bidders on the same efficiency in terms of production, supply, distribution,
day. The fact that there was common understanding storage, acquisition or control of goods or services.
between the parties was further supported by the fact Thus, there has to be a direct nexus between cost/
that the bids submitted had been uploaded by common quality efficiencies and benefits to the consumers
agents from the same IP address and the parties were must at least compensate consumers for any actual or
regularly in contact through emails and meetings or likely negative impact caused by the agreement.
common/related management. The parties were also
Section 3(4) of the Act provides that any agreement
unable to satisfy the CCI with respect to the reasons
among enterprises or persons at different stages or
provided by them for withdrawal and the reasons
levels of the production chain in different markets, in
provided were vague and generic such as unavoidable
respect of production, supply, distribution, storage,
circumstances. The CCI established the existence
sale or price of, or trade in goods or provision
of cartels by way of conduct of two meetings and
of services, including (a) tie-in arrangement; (b)
telephonic conversation, wherein price revision along
exclusive supply agreement; (c) exclusive distribution
with minimum percentage of price increase to be
agreement; (d) refusal to deal; (e) resale price
quoted were discussed. The CCI also held that once an
maintenance, shall be an agreement in contravention
agreement of the types specified under Section 3 (3) of
of Section 3(1) if such agreement causes or is likely
the Act is established, the same is presumed to have an
to cause AAEC in India. As can be seen, these
AAEC within India.6
agreements are not deemed anti-competitive. Only
In Nagrik Chetna Manch v Fortified Securities Solutions & if they cause or are likely to cause an AAEC in India
Ors7, the CCI rejected the contention that the parties will these agreements be in violation of section 3(1)
that indulged in bid rigging are not competitors as they of the Act. Vertical agreements relating to activities
are engaged in different trades and are, therefore, not referred under Section 3(4) of the Act on the other
covered by the provision of Section 3(3) of the Act and hand have to be analyzed in accordance with the rule
more specifically excluded by the language ‘identical of reason9 analysis under the Act. In essence, these
or similar trade of goods or provision of services.’ CCI held arrangements are anti-competitive only if they cause
that if the parties were allowed to escape the grasp of or are likely to cause an AAEC in India.
the Act by considering them as not competitors on
For instance, the agreements between manufacturers/
the pretext that they are actually engaged in varied
distributors and e-commerce players can be looked
businesses, it may defeat the very purpose of the
into under Section 3 (4) read with Section 3(1) of the
provisions of Section 3(3) (d) of the Act. In the same
Act as the online platforms may also have a role to
case, the CCI found all six bidders of a tender guilty
play in influencing prices of products listed on their
of bid rigging and in accordance with Competition
websites.10 Interestingly, the CCI in Meru Travel
Commission of India (Lesser Penalty) Regulations, 2009
Solutions Pvt. Ltd. V Ani Technologies and Uber India
(‘Leniency Regulations’) permitted leniency for four
and Ors11, analyzing the scope of term ‘agreement’,
of the bidders, with highest percentage of reduction
noted that no written or oral agreement has been
of penalty being 50%. We have also come across other
placed on record and incentives given by Ola and
cases where CCI has allowed 100% leniency in the
Uber to their drivers and prospective drivers cannot
matter of cartelization involving price co-ordination in
be covered under the definition of agreement. It
the entire distribution chain, limiting and controlling of
further stated that such incentive models do not
production and supply as well as allocation of markets.8
constitute anti-competitive agreements.
The only exception to this per-se rule is in the nature
of joint venture arrangements which increase 9. Rule of reason approach is adopted by the adjudicating
authorities, to determine the pro-competitive features arising
out of a restrictive business practice, against the anti-competitive
features caused by such practice. By way of such comparison, the
6. Case No 5 of 2017, decided on 5.6.2020 adjudicating authority determines whether to allow the practice
7. Case No. 5 of 2015 decided on 1.5.2018 or prohibit it.
8. Suo Moto Case In Re: Cartelisation in respect of zinc carbon dry 10. Case No 61 of 2014, decided on 15.1.2019
cell batteries market in India 11. Case 25-28 of 2017, decided on 20.6.2018
3
In M/s Jasper lnfotech Private Limited (Snapdeal) v.M/s Act when Commission comes to the conclusion that
Kaff Appliances (India) Pvt. Ltd.,12 the CCI held that there is a contravention of Section 3 of the Act.
display of products at prices less than that determined
by the dealers/distributors, hinders their ability to
compete and is thus a violation of Section 3(4)(e)
I. Examination at the stage
read with 3(1) of the Act. Similarly, imposition of of Section 26 (1)
restrictions on the dealers to deal with competing
brands in the market and thereby restricting the
According to Section 26 (1) of the Act “…if the
inter-brand competition too is a breach of Section 3(4)
Commission is of the opinion that there exists a prima
with section 3(1) of the Act.13 However, as decided
facie case….”, the DG shall be directed to investigate
in XYZ vs. M/s Penna Cements, M/s India Cements
the matter. Although ‘prima facie’ has not been
M/s Bharathi Cements M/s Dalmia (Bharat) Cements
defined, it is a settled principle of law16 that a prima
etc.14 the mere allegation of increasing the prices
facie analysis is restricted to an examination of
of a product would not make the transaction anti-
material on record without conducting a detailed
competitive.
analysis of material, examination of evidence or
detailed examination of merits of the contentions.
The Act does recognize that protectionist measures
with respect to rights granted under intellectual
As a quasi-judicial body, the Commission is bound
property laws need to be taken by the holder
by certain constitutional principles and is bound to
thereof in the course of activities and entering into
disclose reasons for its rulings17 and consequently,
agreements and arrangements. Consequently, the
the opinion expressed by the Commission under
Act specifically states that the contours of anti-
Section 26 (1) of the Act, should not take into account
competitive restraints will not apply with respect
merits of the contentions, should be based on a
to those horizontal and vertical agreements which
preliminary review of material on record and finally,
impose reasonable conditions to protect or restrain
the order passed, should have reasons.
infringement of, the rights granted under intellectual
property laws. For instance, in the case of Shri Ashok For instance, such an analysis was carried out by the
Kumar Sharma v. Agni Devices Pvt. Ltd,15 it was Commission in M/s. Magnus Graphics v. M/s. Nilpeter
held that a mere restriction on the use of trademark India Pvt. Ltd.18, where, based on a preliminary review
would not be in violation of Sections 3 or 4 of the of the provisions of the agreement and a preliminary
Competition Act, 2002. examination of the effect of such clauses in terms
of Section 3 of the Act, the Commission concluded
The Commission examines agreements and its
a prima facie case and directed further investigation.
effects in two stages. First, when an order is passed
Similarly, in M/s. Financial Software and System
under Section 26 (1) of the Act directing Directorate
Private Limited v. M/s. ACI Worldwide Solutions Private
General for Competition (“DG”) to conduct further
Limited &Ors.19, based on a preliminary review of
investigation and a prima facie view is taken about
the clauses of the relevant agreement and its impact
the agreement and its possible effects. Second, when
in terms of Section 3 of the Act, the Commission
an order is ultimately passed after DG submits its
directed the DG to investigate further.
report and comments are taken from all parties. The
Commission may pass an order under Section 26 (6)
of the Act closing the case depending on facts and
evidence or pass an order under Section 27 of the
16. Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Limited & Anr. 2005 7
SCC 234 and Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai
12. Case No. 61 of 2014 decided on 29.12.2014 Patel & Ors. (2006) 8 SCC 726.
13. Case No. 81 of 2014, St. Antony’s Cars Pvt. Ltd. Vs. Hyundai Motor 17. Seimens Engineering & Manufacturing Co. of India Limited v. Union of
India Ltd.decided on 20.11.2014. India & Anr. (1976) 2 SCC 981.
14. Ref. Case No. 7 of 2014 decided on 19.11.2014 18. Case No. 65 of 2013, Order dated 12.12.2013.
15. Case No. 12 of 2015 decided on 07.05.2015. 19. Case No. 52 of 2013, Order dated 4.9.2013.
4
II. Examination at the Fox Star Studios, M/s NBC Universal Media Distribution
Services Pvt. Ltd. etc.21 (“K Sera Sera Case”) it was
stage of passing an held that if no prima facie case could be established
order under Section 26 to show an adverse effect on competition, then, the

CCI can close such matters under Section 26 (2). The
(2) and Section 27 CCI has in two cases pertaining to MakeMyTrip and
Oyo ordered investigation into the conduct of the
In contrast, analysis while passing an order companies, pertinently with respect to price parity
under Section 26 (2) or Section 27 of the Act are and MFN clauses in contracts appearing to be in
more detailed, where the Commission engages prima facie contravention of the Act.22
in a thorough review of material on record and
In its detailed analysis and review of agreements for the
submissions of the parties and after a detailed analysis,
purpose of Section 3, the CCI therefore goes beyond
concludes whether an agreement has anti-competitive
the text of the relevant agreement and examines the
elements or not. An interesting observation was made
effect in terms of clearly identified parameters in
by the Commission in Automobiles Case20 where the
Section 19 of the Act. This approach helps contracting
Commission observed that:
parties identify clauses which may be challenged or
struck down by the Commission. In Mohit Manglani
v. M/s Flipkart India Pvt. Ltd. & Ors,23 it was held that an
The criterion of attempting to balance the efficiency exclusive arrangement between manufacturers and
gains and the foreclosure effects of vertical
e-portals is not against Section 3. It is rather to help the
agreements is to reflect the view that short term
efficiency gains must not be outweighed by longer- consumer make an informed choice.
term losses stemming from the elimination of
competition……….[para 20.6.31] The Tribunal in Samir Agarwal v. Competition
Commission of India24 has noted that matters relating
Therefore, the Commission is of the opinion that in to foreign antitrust jurisdiction with different
instances where an agreement, irrespective of the connotation cannot be imported to operate within
fact that it may contain certain efficiency enhancing
the ambit and scope of the mechanism dealing with
provisions, allows an enterprise to completely
eliminate competition in the market, and thereby redressal of competition concerns under the Act. In
become a dominant enterprise and indulge in the same case, the CCI had evolved a jurisprudence
abusive exclusionary behavior, the factors listed in on locus standi where it held that the Informant has
section 19(3)(a)-(c) should be prioritized over the
not suffered any legal injury at the hands of Uber and
factors listed in section 19(3)(d)-(f). [para 20.6.34]
Ola as a consumer or as a member of any consumer or
trade association, therefore the Informant would have
no locus to maintain action for alleged contravention.
Thus, an agreement may be designed for efficiency, However, in the recent decision in case of Whatsapp
however, if the effect of the agreement causes adverse Pay25, the CCI observed that due inquisitorial
effects in respect of factors stated in Section 19 (3) of nature of the Act and the fact that no such specific
the Act, and these effects are anti-competitive, the requirement has been envisaged, the informant need
Commission would hold that the agreement violates not necessarily be directly aggrieved.
Section 3 of the Act. However, in the case of M/s. K
Sera Sera Digital Cinema Pvt. Ltd. v. Digital Cinema
Initiatives. LLC., The Walt Disney Company India, M/s
21. Case No. 30 of 2015 decided on 22.04.2015.
22. Case No. 14 of 2019 Order on 28.10.2019 and Case No 1 of 2020
Order on 24.2.2020
23. Case No. 80 of 2014 decided on 23.04.2015.
24. Competition Appeal (AT) No.11 OF 2019 decided on 29. 5.2020
25. Harshita Chawla v. Whatsapp and Facebook inc., Case No.15 of
20. Supra. 2020 decided on 18.08.2020
5
3. Abuse of Dominance
Section 4 of the Act is the operative provision of the market having due regard to all or any of the
Act dealing with the abuse of dominant position. following factors30:
This provision is broadly fashioned on the European
i. regulatory trade barriers;
Union prohibition on abuse of dominance contained
in Article 102 of the Treaty on the Functioning of the
ii. local specification requirements;
European Union (TEFU).
iii. national procurement policies;

Section 4 prohibits any enterprise from abusing its
dominant position. The term ‘dominant position’ has
iv. adequate distribution facilities;
been defined in the Act as ‘a position of strength, enjoyed by
an enterprise, in the relevant market, in India, which enables v. transport costs;
it to operate independently of competitive forces prevailing
vi. language;
in the relevant market; or affect its competitors or consumers
or the relevant market in its favour’. The definition of the
vii. consumer preferences;
‘dominant position’ provided in the Act resonates with
the meaning provided to the concept by the European viii. need for secure or regular supplies or rapid after-
Commission in United Brand v. Commission of the sales services.
European Communities case.26 In the United Brands case
The relevant product market is defined as ‘a market
the Court observed that:
comprising all those products or services which are
regarded as interchangeable or substitutable by the
consumer, by reason of characteristics of the products
‘….a position of strength enjoyed by an undertaking or services, their prices and intended use’. The Act
which enables it to prevent effective competition
provides that the CCI shall determine the relevant
being maintained on the relevant market by affording
it the power to behave to an appreciable extent product market having due regard to all or any of the
independently of its competitor, customers and following factors31:
ultimately of its consumers.’27
i. physical characteristics or end-use of goods
ii. price of goods or service
The Act defines the relevant market as ‘with the

iii. consumer preferences
reference to the relevant product market or the relevant
geographic market or with reference to both the iv. exclusion of in-house production
markets’.28 The relevant geographic market is defined
v. existence of specialized producers
as ‘a market comprising the area in which the conditions
of competition for supply of goods or provision of services
vi. classification of industrial products
or demand of goods or services are distinctly homogenous
and can be distinguished from the conditions prevailing The abuse of dominance analysis under the Act starts
in the neighboring areas.’29 The Act further provides with the determination of market, once the relevant
that the CCI shall determine the relevant geographic market has been determined; the CCI’s next task is to
establish whether the enterprise enjoys a dominant
position. It is important to note here that the Act
26. United Brands v Commission of the European Communities;
[1978] ECR 207. does not prohibit the mere possession of dominance
27. Ibid.
28. Section 2 (r) of the Act. 30. Section 19 (6) of the Act.
29. Section 2 (s) of the Act. 31. Section 19(7)
6
that could have been achieved through superior cost of entry, marketing entry barriers, technical
economic performance, innovation or pure accident entry barriers, economies of scale, high cost of
but only its abuse.32 substitutable goods or service for consumers;
Therefore, the primary concern in such cases, is not ix. countervailing buying power;
regarding the popularity or market capitalization of
x. market structure and size of market;
the enterprise, rather the concern is limited to the
abuse, if any. The CCI has upheld the same position,
xi. social obligations and social costs;
while analyzing such issues. In the case of Harshita
Chawla v. WhatsApp and Facebook Inc33., CCI examined xii. relative advantage, by way of the contribution to
complaints made against the two companies, for the economic development, by the enter¬prise
leveraging their dominance in the instant messaging enjoying a dominant position having or
application market. However, the CCI rejected the likely to have an appreciable adverse effect on
contentions raised for any violations under section competition;
4(2)(d) of the Act and held that mere existence of an
xiii. any other factor which the Commission may con-
application does not ensure usage. The CCI noted that,
sider relevant for the inquiry.
the fact that Whatsapp is a major player in the relevant
market cannot be taken as abuse of dominance,
Dominance per se is not bad. It is only when there is
without any coercive actions. The fact that full
an abuse of the dominant position that Section 4 of
discretion lied in the hands of the consumer, in terms
the Act is invoked.35 Thus, once the dominance of an
of usage, mere provision of service by a popular entity,
enterprise in the relevant market is determined the
cannot be deemed as abuse of its dominance.
CCI has to establish the abuse of its dominance by an
enterprise. Section 4 (2) sets out a list of activities that
The Act sets out following factors which the CCI
shall be deemed abuse of dominant position.
takes into account to establish the dominant position
of an enterprise34:
i. anti-competitive practices of imposing unfair or
discriminatory trading conditions or prices or
i. market share of the enterprise;
predatory prices,
ii. size and resources of the enterprise;
ii. limiting the supply of goods or services, or a
iii. size and importance of the competitors; market or technical or scientific development,
denying market access,
iv. economic power of the enterprise including
commercial advantages over competitors; iii. imposing supplementary obligations having no
connection with the subject of the contract, or
v. vertical integration of the enterprises or sale or
service network of such enterprises; iv. using dominance in one market to enter into or
protect another relevant market.
vi. dependence of consumers on the enterprise;
The list of abuses provided in the Act is meant to be
vii. monopoly or dominant position whether
exhaustive, and not merely illustra¬tive. This broadly
acquired as a result of any statute or by virtue of
follows the categories of abuse identified under
being a Government company or a public sector
Article 102 of TEFU. The Act also exempts certain
undertaking or otherwise;
unfair or discriminatory conditions in purchase
or sale or predatory pricing of goods or service
viii. entry barriers including barriers such as
from being considered an abuse when such trading
regulatory barriers, financial risk, high capital
conditions are adopted to meet competition.
32. Section 19 (7) of the Act.
33. Case 15 of 2020, Harshita Chawla v. Whatsapp Inc. & Facebook
Inc.,, decided on 18.08.2020 35. Case No. 07 of 2015,Shri Brajesh Asthana, Proprietor M/s Arpita
34. Section 19 (4) of the Act. Engineering vs. Uflex Limited decided on 23.04.2015.
7
I. Examination at the operators as opposed to their competitors. However,

this stance has not been received well, as arguments
stage of Section 26 (1) have been made that in cases dealing with such
markets, the courts must take into account the
Similar to orders passed in respect of Section 3, CCI market structure rather than just the company’s
may pass an order at each of the following stages in ability to offer deep discounts. It has been argued, that
respect of allegations under Section 4: such a precedent hurts the new entrants rather than
the established players like Uber.
a. Orders passed under Section 26 (1) of the Act
directing further investigation, As was examined in respect of Section 3, the
Commission only forms a prima facie view while
b. Orders passed under Section 26 (2) directing that
passing an order under Section 26 (1) and Section
the matter be closed,
26 (6) of the Act. However, while passing an order
under Section 26 (2) or an order under Section 27 of
c. Orders passed under Section 26 (6) directing that
the Act, the Commission carries out an ‘effects’ based
the matter be closed,
approach on the text of the agreement and other
d. Orders passed under Section 27 holding that a factors. In other words, the Commission seeks to
violation has been committed. determine the impact that any practice conducted by
an entity is likely to cause or is causing in the market.
In the case of M/s Fast Track Call Cab Private Limited
v. M/s ANI Technologies Pvt. Ltd.36, the CCI was of the For instances, in the matter of Tata Power Delhi
prima facie view that the predatory pricing, providing Distribution v. Competition Commission of India39, the
more incentives and discounts to customers and commission observed that the primary issue was of
drivers compared to the revenue earned, resulted in the harm caused to the consumers by an action of
ousting the existing players out of the market, created abuse of dominance. However, in this case, due to
entry barriers for the potential players in violation tariffs being fixed by the regulatory body, the harm
of provisions of Section 4 of the Act. Moreover, the could not have been attributed to the company.
quantity of resources and the dependence of the
Perhaps as a matter of strategy, complainants raise
consumer in the relevant market with no substitute
grounds of abuse of dominance in majority of the cases
are relevant factors to be taken into consideration
as well. At the preliminary stage, while passing an
when looking for acts in violation of Section 4.37
order under Section 26 (1) of the Act, the Commission
Subsequently, in the case of Uber India Systems Private generally examines the number of participants in the
Limited v. CCI,38 a similar matter was brought before market to examine if the opposite party, on a prima
the Supreme Court of India, against the order of the facie review of material on record shows that the
COMPAT. COMPAT had taken the view that prima opposite party does enjoy a dominant position. For
facie, there was a case made out against operator such instance, in cases against Coal India40, Commission
as Uber, as they were engaging in malpractices by relied on its earlier rulings where Commission had
offering significant discounts and incentives, to beat observed that Coal India held a dominant position
the competition. The Apex court, while observing in the market. If the Commission is of the prima facie
explanation given under section 4(a), held that the view that there exists reasonable justification, owing
practice of offering such incentives which although to the market conditions or standard practices, then no
lead to the company incurring losses per trip, has violation can be determined.
the result of creating an unfair advantage to such
39. Case No.20 of 2017, Tata Power Delhi Distribution v. Competition

36. Case No. 06 of 2015 decided on 24.04.2015. Commission of India
37. Case No. 88 of 2014,Sunrise Resident Welfare Association vs. 40. Case No. 37 of 2013, West Bengal Power Development
Delhi Development Authoritydecided on 23.04.15. Corporation Limited v. Coal India Limited & Ors., Order dated
38. Uber India Systems Pvt Ltd. V. Competition Commission of India, July 5, 2013, Case No. 44 of 2013, Sponge Iron Manufacturers
(2019) 8 SCC 697 Association v. Coal India Limited &Ors., Order dated July 23, 2013.
8
II. Examination at the Similarly, in the case of Google Inc.42, the Commission
relied on the DG Report submitted after calling for
stage of Section 26 (2) an investigation as per section 26(1); wherein it was
and 27 proved that Google abused its dominant position in

the relevant market, i.e. the web/ad search market
in India. The findings were based on the following
The analysis at the stage of examining the merits of
factors such as its volume of business, total revenue,
the case, entails a more detailed review of material
its market share and the severe barriers to entry
on record, report of the DG (if applicable) and
created with regards to the scale of operations and
contentions of the parties. Ascertaining whether
technology.
a party enjoys a dominant position in the market
depends on the ‘relevant market’ and the position of
It is however noteworthy that merely being in a
the opposite party in the relevant market.
dominant position is not a violation of Section 4 of
the Act; it is only abusive behavior which can cause
The relevant market is identified by ascertaining
AAEC in respect of which the Commission will issue
either the geographical or product market.
a cease and desist order.
Consequently, identification of the relevant market
itself, is a contentious issue and CCI identifies
relevant market as a preliminary point. Being a
popular player in the relevant market alone would
not be enough to prove dominance if there are more
players in the market.41
41. Case No.14 of 2015, Ravinder Pal Singh vs. BPTP Limited & Others,
decided on 24.04.2015 42. Case 07 & 30 of 2012, decided on 08.02.2018.
9
4. Procedural Considerations in Behavioral

Cases
taking a stance on passing the investigation order.45
I. Introduction A preliminary conference is not available as a matter
of right to any of the parties. The CCI typically calls
This section provides a brief overview of the CCI’s
a conference in cases where it requires additional
inquiry process and appellate process. The timelines
information from the parties. The informant or
and milestones set out in the chapter are meant to
complainant’s role is to set the CCI’s inquiry in motion.
be exemplary. We recommend reaching out to our
After consideration of the matter, if the CCI either
experts for an opinion on procedural considerations
passes an order directing the DG to investigate46 or
or strategic advice on a specific case.
passes an order dismissing the complaint.47 Details on
the appealability of these orders have been set out in
II. CCI Inquiry Process our section dealing with appeals below. The CCI also
has the power to pass a temporary injunction while the
DG investigation is pending.48
This section lays down the basic structure of the
inquiry before the CCI. The section attempts to
provide a pithy substance of the CCI process before
IV. DG Investigation
the DG investigation, during and after the DG
investigation.
a. Once an investigation order is passed, the
complaint and any other filings made by
III. Before DG Investigation the parties are sent to the DG case team
assigned on the matter. The DG case team
prepares an investigation report containing
Any person can file a complaint before CCI.43 The CCI
its recommendation on contravention by the
may also suo moto inquire into matters on its own.44
opposite party.
Once a complaint is filed, the CCI considers whether
to send the matter to the DG for investigation. At this
b. The DG’s mandate is prescribed by the CCI’s
stage, the complaint is typically confidential, and
investigation order and investigation on matters
the Commissioners seek recommendations from the
falling beyond the CCI investigation order are
antitrust case team assigned to the matter. Inputs from
considered ultra vires.49 Typically, the CCI gives
the economics division are also sought in complex cases
the DG 60 days to complete the investigation. It
involving novel markets, such as the hi-tech sector.
is ordinary practice for the DG to seek additional
time. Over the past few years, we have witnessed
The CCI may opt to call the complainant or the
that investigation reports in simple cases take
opposite party for a preliminary conference before
around two years to complete.
c. Ordinarily, the DG reaches out to the parties

43. Section 19 of the Act. In Samir Agarwal v. CCI Competition by sending a request for information. The first
Appeal (AT) No.11 OF 2019, the NCLAT has taken a view that
‘any person’ means ‘a person who has suffered invasion of his
legal rights as a consumer or beneficiary of healthy competitive
practices’. Based on this, the NCLAT held that an independent 45. Regulation 17 of the CCI General Regulations.
practicing lawyer would not have standing under the Act. The 46. Section 26(1) of the Act.
impact of this decision does not preclude the CCI from using
an information by a party lacking standing (in the terms 47. Section 26(2) of the Act.
prescribed by the NCLAT) to set an inquiry in motion. The 48. Section 33 of the Act.
NCLAT order is available here: https://nclat.nic.in/Useradmin/ 49. Fx Enterprises v. Hyundai Case Nos. 36 & 82 of 2014 available
upload/9123996565ed0ea3eec766.pdf here: https://www.cci.gov.in/sites/default/files/36%20and%20
44. Section 19 of the Act. 82%20of%202014.pdf
10
communication seeking information also h. The onus is on the parties to conduct an

appends a copy of the investigation order passed inspection of the DG records to identify any
by the CCI. The communication also sets out additional submissions that may be useful to
the time to respond to the request. Parties can highlight before the CCI. The DG Report is
ask for extension of time to respond to the submitted and presented by the DG case team
communication. before the CCI at an internal meeting.
d. While it is the DG’s discretion to accede to i. Post the presentation, the CCI considers
an extension request, the office typically the Report and decides whether further
grants a series of short extensions in case the investigation is needed on any aspects. If the
information collection is expected to be onerous. CCI deems the DG Report to be complete, it
Subject to fulfilling the filing formalities circulates a non-confidential version (i.e., with
prescribed under the Act, the parties can confidential information redacted) of the DG
request the DG to maintain confidentiality over Report to the informant and opposite parties.
portions of the information they submit.
e. The parties can use the communication from V. Post DG Investigation

the DG to file a request to inspect the public
files on the matter at the CCI. The inspection a. The parties receive the DG Report along with
would typically allow parties access to the instructions on the deadline to submit the
non-confidential versions of the CCI orders, comments to the DG Report and date of the
complaints and filings made by any party on final hearing.
the matter. Based on the inspection, the parties
b. The parties may seek extension of time or
can make a request for certified copies of the
deferral by filing an application before the CCI.
complaint, CCI orders or any other filings.
The opposite parties may also file an application
f. Apart from seeking information directly from seeking access to the underlying confidential
the parties, the DG has other investigatory tools information in the DG Report for the limited
like depositions and dawn raids. Details on purpose of exercising their right to fair defense.
dawn raids are provided in our section dealing
c. Like the process before the DG, parties can
with special investigatory tools. Depositions are
request confidentiality over the information
conducted under oath. Statements made by the
filed. Granting such requests is entirely left to
deponent during the deposition are deemed to
the discretion of the CCI, although the parties
be non-confidential. The DG usually allows one
may have appellate recourse.
lawyer to accompany the deponent during the
deposition. Conferment with the lawyer during
d. Hearings before the CCI are in-camera and
the deposition is discouraged by the DG.
the CCI may put a cap on the number of
representatives that are allowed in the final
g. Once the DG’s information collection process
hearing. After considering the oral and written
is completed, a report is prepared. The report
submissions of the parties, the CCI passes a final
summarizes the conclusions reached by the DG
order. This process is reflected in the chart below.
and appends as annexures the filings made by
the parties in support of the conclusions (‘DG
Report’). Note that the DG Report does not
necessarily annex all the information collected
by the DG during the investigation. In other
words, the DG Report annexes information that
supports the DG’s finding.
11
PROCEDURAL CHART: Section 3 and 4
12
VI. Special Investigative included 3 cases of bid-rigging in tenders issued by a

municipality and another 3 cases of dry cell batteries.53
Tools
The CCI can give amnesty to any number of applicants.
Applicants marked as first marker can get up to 100%
Despite the wide investigatory and penal powers of
penalty waiver, applicants with second marker can get
the CCI, enforcement suffers because of the difficulty
up to 50% penalty waiver and applicants marked third
of detecting anti-competitive conduct. For instance,
can get up to 30% penalty waiver.
using circumstantial evidence alone may not be
enough to establish a cartel. Keeping this in mind,
the CCI has certain investigative tools like leniency
VIII. Leniency process
and dawn raids that allow the CCI to strengthen its
enforcement efforts. The following section provides before the CCI
a brief overview of the special investigatory tools
available with the CCI. a. As a first step of securing a market position
before the CCI, the counsel or applicant must
contact the CCI to check if a marker position is
VII. Leniency available. Both companies and individuals are
eligible for marker positions.
Under Section 46 of the Act, the CCI has the power
to impose a lesser penalty on a member of a cartel b. Once the CCI confirms, an application requesting
who has made full and vital disclosure to the CCI in market position should be filed with the CCI. This
respect of the alleged violations. This is part of the can be done orally or through email.
CCI’s leniency program that creates an incentive
c. Following from this, the CCI within 5 business
mechanism for individuals to come forward and
days conveys to the applicant if the applicant’s
disclose actual and suspected violations of the Act.50
priority status has been marked. If the initial
information furnished by the applicant was oral
VIII. Leniency available for or indicative, the CCI will give 15 days to the
cartels only applicant to furnish complete information as

per the form prescribed in the Schedule to the
Leniency Regulations.
Leniency is available to companies or individuals
who disclose to the CCI their role in a cartel and d. The CCI expects the applicant to cease and desist
cooperate with subsequent investigations, they are from the conduct, demonstrate continuous
rewarded by a reduction of or complete amnesty cooperation with the investigation and comply
from penalty.51 Leniency programs are universally with its disclosure requirements.54 The identity
accepted as being the best way to combat cartels. To of the applicant and the information provided are
effectuate the leniency programme, the CCI has treated as confidential by the CCI and the DG.55
issued the Leniency Regulations. However, confidentiality can be waived by the
applicant through written consent or disclosure.56
Between 2018 to 2019 alone the CCI passed orders in
six matters where lesser penalty applications were filed e. The CCI can also disclose the identity or
under Leniency Regulations and the applicants got information for the purposes of the Act. The DG
either 100% or significant waiver of penalty.52 These
50. CCI booklet on leniency available here: https://www.cci.gov.in/ 53. CCI Annual Report 2018-2019 available here: https://
sites/default/files/advocacy_booklet_document/Leniency.pdf www.cci.gov.in/sites/default/files/annual%20reports/
ENGANNUALREPORTCCI.pdf
51. CCI booklet on leniency available here: https://www.cci.gov.in/
sites/default/files/advocacy_booklet_document/Leniency.pdf 54. Regulation 3 of the Leniency Regulations.
52. CCI Annual Report 2018-2019 available here: https://www.cci.gov.in/ 55. Regulation 6 of the Leniency Regulations.
sites/default/files/annual%20reports/ENGANNUALREPORTCCI.pdf 56. Regulation 6 of the Leniency Regulations.
13
may also disclose the evidence for the limited

XI. Appeal process
purpose of confronting another party after
obtaining the information provider’s or CCI’s
The following section sketches out the appeals process
consent.57
to interim, administrative and final orders in cases
relating to inquiries under Sections 3 and 4 of the Act.
f. In addition to the DG Report, the DG also shares
an internal report with the CCI recording
instances of cooperation or non-cooperation
XII. Appealable orders
by the leniency applicants. Other than the
peculiarities discussed above, the investigation
Any aggrieved party can appeal an order under
follows the same process set out in the CCI
Sections 26(2), 26(6), 28, 27 and 33 of the Act to the
inquiry process above.
appellate tribunal.61 The Finance Act of 2017 merged
the COMPAT with the NCLAT and now all appeals
IX. Dawn raids to CCI orders listed under Section 53A of the Act lie
before the NCLAT.
As part of its investigatory powers, the DG can obtain

Orders directing the DG to investigate conduct under
a warrant from the magistrate to conduct a search and
Section 26(1) of the Act are considered administrative
seizure on a company.58 During a raid, the officials
orders and are not appealable to the appellate tribunal.62
from the DG office usually conduct a surprise search
However, a 26(1) order can be challenged before the
and seizure exercise in the local offices of the company
high courts and supreme court under writ jurisdiction.
being investigated. The raid could last a couple of days.
The inquiry procedure set out in Section 26 of the
Parties have the right to inspect the warrant and
Act does not account for a scenario where the DG
identity of the officials before allowing them to inspect
recommends a contravention and the CCI without
the premises. Parties can also request the DG to stall
conducting a further inquiry passes a final order
the search till lawyers arrive. With a proper warrant,
exonerating the opposite parties.
the DG officials can seize relevant documents. At the
end of the raid, the parties can ask for a memorandum As such, even though these orders would ordinarily be
setting out the search and seizure inventory. considered final orders, they are not appealable. These
types of order have been omitted from the scheme
of Section 26 and the list of appealable orders under
X. Applicable cases Section 53A of the Act.
Thus far the DG has conducted dawn raids in both In cases where there is more than one DG Report
abuse of dominance and cartel cases – JCB abuse (i.e., one recommending contravention and other
of dominance investigation, beer and dry cells exonerating the parties), the appellate tribunal has
battery cartel cases.59 Interestingly, the DG has also read into Section 53A of the Act to categorize the CCI
conducted a dawn raid in the dry cells’ battery cartel order either under Section 27 or 26(6) (depending on
case just three days after the leniency application was whether the CCI agreed with the DG’s contravention or
filed with the CCI.60 non-contravention recommendation) of the Act.63 The
Competition Law Amendment Bill, 2020 includes these
types of order under the revised Section 53A of the Act.
57. Regulation 6 of the Leniency Regulations.

58. Section 41 of the Competition Act.
59. Boost to Dawn Raids in India – Supreme Court Rules Power
to Search Includes Seizure as well - Kluwer Competition Law 61. Section 53A of the Act.
Blog, , http://competitionlawblog.kluwercompetitionlaw. 62. CCI v. SAIL (2010) 10 SCC 744
com/2019/02/27/boost-to-dawn-raids-in-india-supreme-court-rules- 63. K. M. Chakrapani VS Competition Commission of India & Anr.
power-to-search-includes-seizure-as-well/ (last visited Sep 16, 2020). Competition Appeal (AT) No. 51 of 2018 available here: https://
60. Id. nclat.nic.in/Useradmin/upload/10340461215cb85dbfc33f0.pdf
14
XIII. Procedure before the on record, the NCLAT allots a date for final hearings.
Following from the final hearing, the NCLAT posts
NCLAT the date for announcing the judgment on the matter
on its cause list. The certified copy of the order is
An aggrieved party has 60 days from the date of usually available within three business days of the
the receipt of the certified copy of the CCI order to judgment being announced in open court.
challenge it before the NCLAT. In case the CCI order
imposes a structural or behavioral remedy on the
party that requires compliance before the limitation
XIV. Supreme Court
period, the parties can either file an application before
As reflected in the procedural chart, the orders of
the CCI requesting an extension of time or obtain a
the NCLAT can be appealed to the SC within 60
stay order from the NCLAT.
days of communication of the NCLAT order.64 On
To obtain a stay order, the appeal along with the stay demonstration of sufficient cause, the SC can toll the
application must be filed with the NCLAT. Typically, limitation period of 60 days. Similar to the NCLAT,
a matter is listed for admission within three working the SC can grant interim relief. Once service and
days of filing the appeal. If there are defects in the pleadings are completed, the matter is posted for final
appeal, the NCLAT registry usually allows the party hearing. Proceedings before the SC are open to the
to cure defects within seven business days of receiving press and public. Confidential filings can be made
the notice listing the defects in the appeal. after obtaining a protective order from the court.
Stay orders are granted subject to deposit of part of

the penalty amount (typically 10%). The hearings XV. Writ jurisdiction
before the NCLAT are open to the public and press.
A writ to either the HC or SC can be preferred against
Confidential submissions to the NCLAT can be made
26(1) orders or to make constitutional challenges
after obtaining a protective order from the bench.
under the Act. These proceedings are open to the
Post the hearing on stay and once service is complete, press and public. Confidential filings can be made
the NCLAT allows the parties time to file rejoinders after obtaining a protective order from the court.
and replies. Once the pleadings filed by parties are
64. Section 53T of the Act.
15
5. Merger Control Review

The financial thresholds for a combination are
I. Overview of the merger determined with reference to (i) the combined asset
control regime under the value and the turnover of the acquirer and the target,
in the event of an acquisition and the combined
Competition Act resultant company, in the event of an amalgamation
or merger, and (ii) the combined asset value and the
Mergers and acquisitions that cross the jurisdictional
turnover of the “group” to which the target / resultant
thresholds set out under Section 5 of the Competition
company will belong pursuant to the proposed
and that do not qualify for any exemptions are
acquisition / merger.
considered combinations. Combinations require
mandatory CCI approval prior to consummation. Under Section 32 of the Competition Act, the CCI has
Combinations are subject to the standstill provisions been conferred with extra-territorial jurisdiction. This
of the Competition Act and parties have a suspensory means that any acquisition where assets/turnover are
obligation on implementing the combination prior in India and exceed specified limits) would be subject
to CCI approval. This chapter provides an overview to the scrutiny of the CCI, even if the acquirer and
of the substantive and procedural considerations for target are located outside India.
deals requiring CCI notification.
Section 5 has set out the following alternative tests:
Person/ Enterprise In USD (1 USD= INR 65) In USD

In India Outside India (Including in India)
Assets Turnover Assets Turnover
Parties to the >INR 2000 >INR 6000 USD>1000 USD>3000 million including at
Combination crores crores million including least 3000 crores in India
at least INR
1000 crores in
India
Group to which the >INR 8000 >INR 24000 USD> 4 billion USD>12 billion including at least
enterprise would belong crores crores including at least INR 3000 crores in India
after the acquisition, INR 10,000
merger or amalgamation. crores in India
Note that the term ‘Group’ has been defined under

II. Jurisdictional thresholds the Competition Act to mean two or more enterprises
which, directly or indirectly, are in a position to:
In terms of Section 5 of the Competition Act, a
‘combination’ involves (1) the acquisition of control, i. exercise 50% or more of the voting rights in the
shares, voting rights or assets of an enterprise other enterprise or,
by a person or (2) the acquisition of control of an
ii. appoint more than 50% of the members of the
enterprise where the acquirer already has direct
board of directors in the other enterprise, or
or indirect control of another engaged in identical
business; or (3) a merger or amalgamation between or
iii. exercises ‘control’ the management or affairs of
among enterprises that cross the financial thresholds
the other enterprise. Control means controlling
set out in Section 5.
‘affairs or management’ of one or more enterprises,
either jointly or singly over another enterprise or
group.
16
III. Exemptions b. There is no transition from joint to sole

control in the target by the acquirer or
acquirer group.
Combinations are subject to mandatory CCI
notification and approval, unless they qualify for
iv. Acquisition of assets not directly related to the
one of the exemptions provided under the Act, the
business activity of the party acquiring the
Combination Regulations or notifications issued by
asset or made solely as an investment or in
the MCA. This section sets out the various exemptions
the ordinary course of business, not leading to
available under each of the above-mentioned categories.
control of an enterprise, and not resulting in the
acquisition of substantial business operations in
IV. Statutory Exemptions a particular location or for a particular product

or service, irrespective of whether such assets are
organised as a separate legal entity.
The prior notification obligation does not apply
to any financial facility, acquisition of shares
v. Amended or renewed tender offer, provided
undertaken by foreign institutional investors, venture
notice has been filed with the CCI prior to such
capital funds, public financial institutions and
amendment or renewal.
banks pursuant to an investment agreement or loan
agreement. Such transactions need to be notified vi. Acquisition of stock-in-trade, raw materials, stores
in the prescribed Form III within seven days of the and spares, trade receivables and other similar
completion of the acquisition.65 current assets in the ordinary course of the
business.
Further, schedule I of the Combination Regulations lists
the following type of transactions as unlikely to cause vii. Acquisition of shares or voting rights pursuant to
AAEC in India and they need not be notified to the CCI. a bonus issue, stock split, consolidation, buy back
or rights issue, not leading to the acquisition of
i. Minority acquisition exemption: Acquisition
control.
of shares of voting rights made solely as an
investment or in the ordinary course of the viii. Acquisition of shares or voting rights by a
business, that entitles the acquirer to less than 25% securities underwriter or stockbroker on behalf of
of the total shares or voting rights in the target, a client in the ordinary course of its business and
provided that there is no acquisition of control of in the process of underwriting or stockbroking.
the target by the acquirer or the acquirer group.
ix. An acquisition of shares or voting rights or assets,
ii. Acquisition of shares or voting rights of an by one person or enterprise, of another person
enterprise, where: or enterprise within the same group, except in
cases where the acquired enterprise is jointly
a. The acquirer or the group hold more than 25%
controlled by enterprises that are not part of the
but less than 50% of the shares or voting rights
same group.
in the target prior to the acquisition; and
x. A merger or amalgamation of two enterprises
b. There is no acquisition of sole or joint control
where one of the enterprises has more than fifty
in the target by the acquirer or acquirer group.
per cent (50%) shares or voting rights of the other
enterprise, and/or merger or amalgamation of
iii. Acquisition of shares or voting rights of an
enterprises in which more than fifty per cent (50%)
enterprise, where:
shares or voting rights in each of such enterprises
a. The acquirer or the group holds 50% or more are held by enterprise(s) within the same group.
of the shares or voting rights in the target Provided that the transaction does not result in
prior to the acquisition; and transfer from joint control to sole control.
65. Sections 6(4) and 6(5) of the Competition Act.

17
xi. Acquisition of shares, control, voting rights enterprises operating in the oil and gas sectors
or assets by a purchaser approved by the CCI looking to combine with their partially or wholly
pursuant to and in accordance with its order owned subsidiaries70, were also exempted from
under section 31 of the Competition Act. the application of such regulation for a period of 5
years (from August 10, 2017), 10 years (from August
Note that ‘control’ could be de facto, de jure and material
30, 2017), and 5 years (from November 27, 2017)
influence. The Act defines it to include controlling the
respectively.
affairs or management by (i) one or more enterprises,
either jointly or singly, over another enterprise or
group; or (ii) one or more groups, either jointly or VII. Process considerations
singly, over another group or enterprise.66 Based on past
precedent, CCI has considered affirmative rights such as The section below provides an overview of the
right to approve business plan, commencement of new substantive and procedural formalities that parties
business line, closing of existing business line, approval need to account for prior to making a CCI notification.
of budget and appointment of key managerial persons
as being exemplary of control conferring rights.67 The
CCI in the past has also considered negative control
VIII. Phase I and Phase II
(by virtue of ability to block special resolutions Inquiries
of a company) or operational control (by virtue of
commercial cooperation agreements with or without
The CCI must issue a prima facie opinion on whether
involving equity) as control conferring.
the combination causes AAEC in the relevant market
in India within 30 working days from the date the
V. Target Based Exemption combination is notified (Phase I review period). If

the CCI finds that the combination is unlikely to
cause AAEC, it will approve the combination. The
Mergers and amalgamations where the target either
CCI has an outer limit of 210 days to pass an order.
hold assets less than INR 3.5 billion or generates
If the CCI does not pass an order within 210 days of
turnover of less than INR 10 billion are in India are
notification, the combination is deemed approved.
currently exempt from mandatory CCI notification
Should the CCI find that the combination causes
obligation. Asset acquisitions where the value of the
or is likely to cause AAEC in the relevant market, it
relevant assets being acquired is less than INR 3.5 billion
can either conditionally approve the combination
in India or turnover of the business division being
(i.e., subject to divestments or behavioural remedies)
acquired is less than INR 10 billion in India also qualify
or block the transaction. Till date, the CCI has not
for this exemption. This exemption is only valid until
blocked a combination.
March 04, 2021, unless re-notified by the MCA.
If the CCI at the end of the 30 working days clock,
VI. Other MCA exemptions the CCI believes that the combination may cause
AAEC in India, it issues a notice under Section 29 of
the Competition Act asking the parties why a phase
Additionally, (i) regional rural banks68, (ii)
II inquiry shouldn’t commence in relation to the
nationalized banks69, and (iii) central public sector
combination. The parties may address CCI’s concerns
66. Explanation to Section 5 of the Competition Act. through structural or behavioural remedies. If the CCI
67. Century Tokyo/Tata Capital Financial Services Ltd C-2012/09/78 is not satisfied with the parties’ response or remedies,
available here: https://www.cci.gov.in/sites/default/files/
faq/C-2012-09-78.pdf; Bandhan Bank/Caladium Investment it may initiate a phase II review.
C-2015/05/278 available here: https://www.cci.gov.in/sites/de-
fault/files/C-2015-05-278.pdf.
68. http://www.cci.gov.in/sites/default/files/notification/
Notificiation%20-%2010.08.2017.pdf
69. http://www.cci.gov.in/sites/default/files/notification/Notifica- 70. https://www.cci.gov.in/sites/default/files/notification/Notifica-
tion%2030.08.2017.pdf tion-22.112017.pdf
18
Once phase II is initiated, the CCI may ask the DG To avail of the benefit of the Green Channel route, the
to investigate and submit a report in respect of the qualifying criteria is that the parties to the combination,
combination. Parties subjected to phase II inquiries their group entities and each of their, direct or indirect
are also obligated to publish the Form IV. The CCI investee entities (even an investment of a single share
also publishes the Form IV on its website and may in a company shall make such company an investee
invite public objections to the combination. The entity) should: (i) not produce/provide similar or
CCI may seek the parties’ comments on the public identical or substitutable product or service or; (ii) not
comments. Following from this, the CCI can (i) engage in any activity relating to production, supply,
unconditionally approve the combination, (ii) distribution, storage, sale and service or trade in
conditionally approve the combination or (iii) product or service which are at different stage or level
disallow the combination. of production chain or; (iii) not engage in any activity
relating to production, supply distribution, storage, sale
and service or trade in product or service which are
IX. Form I v. Form II complementary to each other.
Form I is the shorter one of the two CCI statutory This analysis will also have to be undertaken
notice prescribed for combinations. Under Form I, while considering all plausible alternative market
parties are required to share corporate information definitions. The acquirer would also be required
and market facing information including overlaps and to make a positive declaration confirming that the
market size and shares of the parties. In addition to combination falls under the Green Channel (meaning
the corporate and market facing information, Form II there are no overlaps at any level as discussed above).
requires parties to disclose additional information like If it is found that either such declaration or any other
estimates of concentration levels, regulatory overview statement made by it in the Form I is found to be
of the businesses conducted by the parties, imports incorrect then the Form I and deemed approval of the
and exports etc. The parties to a combination may opt Commission shall both be void ab initio. The parties
to file the notification in Form II if combined shares of will have an opportunity to be heard though before
the parties exceed 15% (horizontally) or 25% (vertical the commission renders the approval void ab initio.
markets). In case the overlaps between the parties fall
below 15% (horizontally) or 25% (vertical markets),
they may file a notification in Form I.
XI. Pre-filing Consultation
The CCI offers informal and verbal pre-filing
X. Green Channel consultation to parties.71 The consultations are
designed to help parties identify the type of form
In furtherance of the Government of India’s ease and necessary information required to complete
of doing business initiatives, the CCI introduced a valid notification. The process provides efficient
certain important amendments to its Combination merger review. It is also an early channel to identify
Regulations on August 13, 2019 (‘2019 Amendment competition concerns with the case team and
Regulations’) with effect from August 15, 2019. preempting their concerns in the follow-on notice.
The 2019 Amendment Regulations provide for a
Green Channel route whereby parties that meet
the criteria described below need not wait for the
XII. Post CCI Notification
approval of the Commission to consummate a
The section below provides a high-level overview of
notifiable transaction. Once the acknowledgment
the CCI merger filing time frame.
of a Form I filed under this Green Channel route
has been received by the parties, the transaction
will be deemed approved and parties will be able to
consummate the transaction immediately. 71. CCI’s pre-filing consultation guidelines are available here: https://
www.cci.gov.in/sites/default/files/cci_pdf/PFCguidancenote.pdf
19
XIII. Assignment of case XIV. Consequences for

team non-compliance
A few business days after the parties have filed the The CCI can penalize parties for gun-jumping and
notification with the CCI merger registry, the CCI material non-disclosures. Breach of the notification
assigns a case team to review the notification. Should or suspensory obligation is considered gun-jumping.
the CCI after review of the information submitted The CCI has the power to impose penalties of up
in Form I determine that parties should provide to 1% of the total turnover or value of assets of thee
additional information in terms of Form II, it may combination, whichever is higher.
invalidate the Form I and direct the parties to refile
The CCI also has the power to order divestments
under Form II. In such a case, the 30 working days
and unscramble the egg. If the parties fail to pay
clock is reset and restarts after the parties file the
the penalty, the Chief Metropolitan Magistrate in
revised notification. The CCI may also invalidate the
Delhi can impose fines up to INR 250 million and/or
notification if its not in accordance with Combination
imprisonment up to a period of three years.
Regulations or if there is any change in the information
submitted that changes the competitive assessment.
Alternatively, CCI may seek additional information.
XV. Appeals
The review clock stops on receipt of the request for
additional information from the CCI and restarts the
Aggrieved parties from a CCI order approving or
business day after information is filed with the CCI.
disapproving a combination can prefer an appeal to
Post completion of the review, the case team puts up
the NCLAT. A further appeal from the NCLAT lies
the matter for consideration before the Commissioners
before the SC. The NCLAT’s predecessor in the past
with their recommendation. The CCI can (i) send the
has dismissed an appeal by a third party challenging
matter for phase II inquiry, (ii) conditionally approve
the Jet-Etihad merger as lacking in standing.72
the transaction, (iii) unconditionally approve the
transaction or (iv) block the transaction.
72. https://www.livemint.com/Companies/
lDJIVG5Tr5WgBgw2fG2gWN/Compat-dismisses-Jitendra-
Bhargava-plea-against-JetEtihad-d.html
20
6. Risk mitigation strategies based on

jurisprudential trends
a result of fair competition. On the merger control
I. Introduction side, the CCI has typically focused on parameters
like pro-competitive effects of the merger and the
In this chapter, we have tried to identify the ‘high
number of competitors in the market to understand
scrutiny sectors’ i.e., sectors where CCI has been
if the merger was likely to result in a reduction on
actively investigating and enforcing the provisions
competition.
of the Act. Based on this, we have also set out an
indicative list of high-level risk mitigation strategies
that could help companies and entities involved in III. General take-aways for
these sectors reduce competition law risks.
high scrutiny sectors
II. High scrutiny sectors Based on a review of CCI decisions and trends
followed in the sectors, the following factors
Compared to its counterparts in Europe and US, the could help reduce the risk of the CCI finding a
CCI is relatively a young regulator. That said, the CCI contravention or reducing the penalty in high
has been keeping very busy in the last decade. As scrutiny sectors.
of March 2019, the CCI has undertaken over 1000
cases pertaining to Sections 3 and 4 of the Act and
A. Competition Compliance
has reviewed over 600 merger filings.73 The Act itself
does not provide for enforcement prioritization, but
Efforts
by its own admission in its annual report, the CCI’s
In the past the CCI has considered whether the
enforcement efforts have been active in the digital,
company has made efforts internally to reduce
real estate, transportation, media and pharmaceutical
incidents of violation of the Act. For instance, the CCI
sectors.74 While this is not an indication of an
in In Re: Cartelisation by broadcasting service providers
enforcement prioritization, it indicates the likelihood
by rigging the bids submitted in response to the tenders
of CCI scrutinizing a complaint in these sectors is high.
floated by Sports Broadcasters has considered the fact
that the company has an effective competition law
A review of the CCI’s annual report indicates that
compliance manual in place as a mitigating factor.76
given CCI’s past enforcement in this area, the CCI
The CCI clarified that although subsequent conduct
is likely to delve deeper into concerns highlighted
can be considered a mitigating factor, it cannot
in the digital, real estate, transportation, media and
absolve the infringing entity from liability. The CCI
pharmaceutical sectors.75 In terms of trends, CCI’s
has insisted that the compliance program should be
scrutiny under Sections 3 and 4 in these sectors has
implemented prior to the DG investigation.77
been focused on investigating whether the price and
conditions of service being offered to consumers was
76. In Re: Cartelisation by broadcasting service providers by rigging

73. CCI Annual Report 2018-2019 available here: https://www.cci.gov. the bids submitted in response to the tenders floated by Sports
in/sites/default/files/annual%20reports/ENGANNUALREPORTC- Broadcasters Suo Motu Case No. 02 of 2013 available here: https://
CI.pdf. www.cci.gov.in/sites/default/files/Suo%20-%20Moto%20
74. CCI Annual Report 2018-2019 available here: https://www.cci.gov. Case%20No.%2002%20of%202013.pdf
in/sites/default/files/annual%20reports/ENGANNUALREPORTC- 77. In Re: Cartelisation by broadcasting service providers by rigging
CI.pdf. the bids submitted in response to the tenders floated by Sports
75. CCI Annual Report 2018-2019 available here: https://www.cci.gov. Broadcasters Suo Motu Case No. 02 of 2013 available here: https://
in/sites/default/files/annual%20reports/ENGANNUALREPORTC- www.cci.gov.in/sites/default/files/Suo%20-%20Moto%20
CI.pdf. Case%20No.%2002%20of%202013.pdf
21
Companies are expected to be responsible to ensure during dawn raids, who would be the point of contact,
that the most basic compliance programs cover the what to speak and how much to speak could help
following areas78: develop an effective response strategy.
a. An active risk management process for The response strategy should lay down the names of
systematic review of existing agreements and the company lawyer and external competition lawyer
market practices to ensure that the company is who should be contacted in case of a dawn raid.
compliant with the provisions of the Act; Employees should be categorically told to cooperate
with the government officials and instructed not to
b. Periodic compliance training for employees and
destroy any documents. Employees should also be
senior management;
instructed to not leak the news of the dawn raid to
persons other than the ones mentioned in the contact
c. Regularly review and update the competition
list. In this respect, an internal training could be
compliance efforts;
conducted for employees to cover these areas.
d. Promote a culture of competition compliance
within the company;
C. Litigation Hold Policy
e. Ensure that the employees receive the message
In investigations, the CCI assigns great weight to
of competition compliance from senior
internal documentation within the company. In our
management.
experience, an objectively determined litigation hold
policy would go a long way in effectively defending
In addition to the above, it may be good to have
any potential claims before the CCI though the
special training sessions for employees on a
practice has not evolved in India. Absence of a written
regular basis that are part of the commerce team or
record unequivocally stating the reasons for non-
responsible for conducting the company’s business in
participation in a yearly tender by a company has
the ordinary course.
been inferred adversely to presume an agreement not
to participate in the tender.80 During an investigation,
B. Dawn Raid the CCI can ask for dated documents (sometimes
documents that are decades old). However, an
The CCI and the DG office can get a warrant to conduct
objectively determined hold policy would be helpful
a raid the company. The DG has exercised this option
to explain to the CCI that dated documents are not
in abuse of dominance as well as cartel cases. For
retained as a matter of company policy. At the same
instance, the DG has conducted dawn raids in an abuse
time, in high scrutiny sectors, the hold policy would
of dominance investigation involving a real estate
allow the company to preserve documents relevant to
company, beer manufacturers accused of a cartel and
any potential investigation. Depending on the needs
batteries manufacturers alleged to be in a cartel.79
of the company, the competition law counsel would
Typically, the DG office comes to the local office of be able to advice on whether to implement a silent
the company under investigation unannounced. The hold or non-silent hold and duration of the same.
dawn raid may last a day or several days, during which
the officials from the DG office conduct interviews
D. Press strategy
and seize evidence. Conducting mock dawn raids with
employees or organizing a session on how to behave Press strategy encompasses all the representations
made on behalf of the company publicly. In the
78. CCI compliance manual available at: https://www.cci.gov.in/sites/ past the CCI has treated statements describing a
default/files/manual_compliance/manual_booklet.pdf
79. Boost to Dawn Raids in India – Supreme Court Rules Power
to Search Includes Seizure as well - Kluwer Competition Law
Blog, , http://competitionlawblog.kluwercompetitionlaw. 80. Biomed v. GlaxoSmitheKline & Another Case No. 26 of
com/2019/02/27/boost-to-dawn-raids-in-india-supreme-court- 2013 available here: https://www.cci.gov.in/sites/default/
rules-power-to-search-includes-seizure-as-well/ (last visited Sep files/262013_0.pdf Note that this decision was ultimately set
16, 2020). aside by the COMPAT and SC.
22
company’s market power by the company in its red

V. Determining compliance
herring prospective as one of the pointers towards
the inference of dominance.81 Companies are advised requirement
to keep their commerce teams in the loop about the
effect of any potential public facing statements on The CCI has no bright line test to determine substantial
litigation. The CCI has also initiated gun-jumping market power or dominance. Typically, parties to
proceedings after reading a press release indicative of exercise and fulfill the lower threshold of substantial
an inter-connected transaction that was not notified market power must account for at least 30% of the
by the parties.82 Companies in active enforcement market.83 Market share is one of the factors that the
sectors are advised to get their public statements CCI accounts for while determining a company’s
vetted by external competition law counsels. economic force. The 30% market share is just an
indicative threshold. After a holistic examination of the
facts the CCI may decide to proceed against a company
IV. High level risk that has a lower market share.
mitigation strategies
for market leaders VI. Arrangements with
Companies with substantial market power in any
distributors and dealers
relevant market would be prudent to put in place
Violations under Section 3(4) cover relationships
processes to cover for any future complaints. Section
between entities at different levels of the production
3(4) governing anti-competitive vertical agreements
chain. A part of Section 4 also governs relationships
and section 4 on abuse of dominance are the two
of the dominant entity to its downstream customers/
provisions under which proceedings can be initiated
distributors or upstream suppliers.
against companies with substantial powers. To
clarify, the CCI needs to establish dominance as a pre-
We find that the following risk mitigation strategies
condition to declaring the conduct as abusive. But in
can go a long way in pre-empting CCI concerns:
case of Section 3(4), the CCI has a lower threshold of
proving that the company wields substantial market a. Ask your external competition counsel for a
power in the relevant market. However, for the custom-made manual outlining the rules of
purpose of compliance, even for the lower threshold relationship governing the company and its
of substantial market power, we recommend suppliers, distributors and customers.
implementing risk mitigation strategies that account
b. Ensure that rules governing dealing, special
for violations under both sections. Considering both
offers and terminations reflect fair and just
these sections are based on the premise that economic
conditions of dealings between the parties.
force that a company wields in certain circumstances
Record reasons for any conditions that may be
may have anti-competitive outcomes, it becomes
perceived to be one-sided.
critical to have risk mitigation strategies in place. In
such cases the companies have a responsibility to be
c. Unilateral changes in the contract should
mindful of their conduct.
ideally be followed up by a notice and option to
exit (Vishal Gupta v. Google and DLF v. CCI).84
83. Jefferson Parish Hosp. Dist. v. Hyde, 466 U.S. 2 (1984) available at:
81. DGCOM Buyers & Owners Association, Chennai v. DLF Limited https://supreme.justia.com/cases/federal/us/466/2/
Case No, 29 of 2012, available at: https://www.cci.gov.in/sites/ 84. COMPAT upholds CCI order in DLF Belaire Owners Association
default/files/292012GG.pdf Case, Juris Law Corp (May, 2014) available here: https://
82. Proceedings against Canada Pension Plan Investment Board and indiacorplaw.in/2014/05/guest-post-compat-upholds-cci-order-in.
ReNew Power Limited under Chapter VI of the Competition html; Vishal Gupta v. Google Case Nos. 6 & 46 of 2014 available
Act, 2002 available at: https://www.cci.gov.in/sites/default/files/ at: https://www.cci.gov.in/sites/default/files/C.%20Nos.%20
Notice_order_document/OrderPublicVersion.pdf 06%20%26%2046%20of%202014.pdf
23
d. Insert clauses obligating parties to record in § Be transparent and objective about the criteria
writing episodes that result in termination for access to the platform and the basis of which
of the arrangement. The CCI initiated an access is provided. For instance, in All India Online
investigation against Hero Motorcycle based Traders Association v. Flipkart, the CCI while
on inter alia alleged unfair termination in the issuing closure order in favor of Flipkart based it’s
complaint by one of its dealers.85 decision inter alia on the fact that the ecommerce
platform devised the arrangement of its search
e. Avoid discriminating between customers,
results on an objective criterion.89
suppliers or dealers. Although the COMPAT
has observed in Schott Glass v. CCI that different § In Matrimony.com v. Google90, the CCI found that
conditions of dealing can be implemented based users using a search engine could be confused
on objective conditions such as offering volume between verticals offered by the search engine and
discounts.86 third parties. In this regard, the CCI implied that
consumers being misled to believe that they were
f. In contracts and public documents, avoid using
using a third party’s vertical service could result
words like ‘big’, ‘dominant’ with respect to the
in harm to competition. In this respect, adding
company. In the cases investigated against the
conspicuous disclosures so that consumers know
real estate company, DLF, the CCI considered
if they are dealing with third-party products or the
the company’s own positioning to the world to
products affiliated to the platform provider may
infer dominance87
help alleviate competition concerns associated
with transparency of the product and its design.
VII. Dual role of regulator

and participant VIII. High level risk
mitigation strategies
The CCI has in the past examined the type of
responsibility that could be ascribed to a firm in the for dealing with rivals
dual role of a market participant and regulator. Given
Section 3(3) of the Competition Act governs anti-
the interest in platform markets, the jurisprudence in
competitive agreements between competitors.
this area is likely to evolve in the coming years. But,
Legitimate commercial circumstances may lead to
based on existing CCI and appellate court decisions,
contacts with the competitor. In high scrutiny sectors
we summarize the key compliance pointers for firms
these contacts may be used as circumstantial evidence
observing the dual role of regulator and participant
to infer a cartel. The CCI routinely relies on trade
(platforms, search engines, infrastructure holders):
association meetings91, meetings with rivals called by
§ The COMPAT in ITPO v. CCI held that there is the customer92 or other dealings with the competitors
no general duty to act against self-interest.88 Seek to infer the existence of an agreement.
competition law counsel’s advice to determine the
consequences of self-dealing on a case to case basis. 89. All India Online Vendors Association v. Flipkart Case No. 20 of 2018
available at: https://www.cci.gov.in/sites/default/files/20-of-2018.pdf
90. Matrimony.com v. Google, Case Nos. 7 & 30 of 2012 available at:
https://www.cci.gov.in/sites/default/files/07%20%26%20%20
85. Vishal Pande v. Honda Motorcycle Case No. 17 of 2017 available 30%20of%202012.pdf
here: https://www.cci.gov.in/sites/default/files/Case%20
No.17%20of%202017.pdf 91. Builders Association of India v. Cement Manufactures of India
Case No. 29 of 2010 available here: https://www.cci.gov.in/
86. Schott Glass v. CCI Appeal 92 of 2012 available here: https://www. sites/default/files/Final%20Order%2029%20of%202010%20
casemine.com/judgement/in/587f36a64a9326336e216ef5 31.08.2016%20.pdf
87. DGCOM Buyers & Owners Association, Chennai v. DLF Limited 92. Delhi Jal Board v. Grasim & Others Case Nos. 3 & 4 of 2013
Case No, 29 of 2012, available at: https://www.cci.gov.in/sites/ available at: https://www.cci.gov.in/sites/default/files/Ref.C.%20
default/files/292012GG.pdf Nos.%2003%20%26%2004%20of%202013%20%5BMa-
88. India Trade Promotion Organisation v. CCI Appeal No. 36 of 2014 jority%20Order%20%28p.1%20to%20p.90%29%2C%20
available at: https://vlex.in/vid/india-trade-promotion-organisa- Dissent%20Note%20by%20Member%20Sudhir%20Mital%20
tion-678715577 %28p.91%20to%20p.105%29%5D.pdf
24
IX. Direct contact with itself act as a hub. For instance, in case of a bid for
pharmaceutical goods, the consumer calling the
competitors bids shares information on the bid prices being
contemplated by rivals with a competing bidder. In
Limit contacts with competitors. When this is not such cases, it is important to preserve documentation
possible, reach out to external competition law counsel that demonstrates that regardless of the information
to devise a custom-made rule book for employees who inadvertently accessed, the company made
are required to be in contact with rivals. independent business decisions.
a. Identify teams/employees who regularly In the digital economy, many companies use
interact with competitors and consumers. Make softwares for automating their pricing and inventory
sure that they receive competition compliance allocation process. The CCI in its investigations
training sessions are assigned a contact person against airlines and radio cab service providers has
to report any concerns. examined the possibility of algorithmic collusion
through use of a common software.93 CCI concerns
b. High level rule book for information exchange
may be preempted in such cases by:
with competitors should as a matter of policy
recommend recording even innocuous contacts. a. Reducing manual intervention and devising
clearly recorded criteria for cases fit for manual
c. Send senior level employees to trade association
intervention.
meetings. In case a rival solicits other
participants to form a cartel, the senior level b. In case a third-party software is being used,
employee should conspicuously withdraw any ensure that company’s proprietary and non-
participation and leave the meeting. public data is not being used for making
predictions for third parties.
d. Do not exchange any business sensitive
information with competitors. Business
sensitive information include future pricing XI. Observations and rec-
plans, inventory allocation, future business
plans.
ommendations
The above high-level strategies are based on
X. Indirect contact with our reading of a collection of CCI decisions and
competitors experience of handling prosecution matters. The

CCI’s inference may differ on a case to case basis. For a
detailed recommendation suitable to your company,
Depending on the nature of the industry, there may
please contact our experts in the area listed at the end
be cases where competitors may exchange business
of this report.
sensitive information and act on it through a hub.
Ironically, in some cases the customer may
93. Airlines under CCI scanner for alleged fixing of airfares, Mint
(Nov, 2018) available at: https://www.livemint.com/Industry/
grAMdTMl8pvq7XVvWQcepN/Airlines-under-CCI-scanner-
for-alleged-fixing-of-airfares.html; Meru Travel Solutions v. ANI
Technologies Case No. 25-28 of 2017 available at: https://www.cci.
gov.in/sites/default/files/25%20-%2028%20of%202017.pdf
25
Annexure A
Summaries of Cases discussed in the Report

functions, it does not form part of the vertical chain
I. Jasper Infotech Private and therefore cannot be subjected to a vertical
Limited (Snapdeal) v. restraint under Section 3(4)(e) of the Act.
KAFF Appliances (India) CCI began its analysis by examining the applicability
of Section 3(4)(e) on online market platforms. It stated
Pvt. Ltd. (Kaff) [Case No. that within the technology driven market, the market
platform provides important value addition services
61 of 2014] like warehousing, which assists consumers in sorting
and buying products. Thus, within a modern online
The Informant Snapdeal is an ecommerce platform.
market, these platforms form a part of the vertical
The opposite party KAFF was a brand dealing in kitchen
chain. In addition, the CCI noted that the mere fact
appliances and sold its goods, both online and offline.
that Jasper Infotech was not the purchaser of goods
The Informant sold KAFF’s goods at a discounted price,
was not enough to dismiss resale price maintenance
aggrieved by which KAFF issued a caution notice to
allegations. Having due regard to changing structures
Snapdeal, to not sell their goods below the minimum
in digital markets, the CCI stated that online market
operating price. In turn, Snapdeal filed an information
platforms provide sourcing and grievance redressal
alleging violation of Section 3(4)(e) of the Act and the
opportunities to consumers, which would indicate
CCI directed the DG to investigate the matter.
that they form part of the value chain even though
they did not have literal ‘ownership’ of the goods.
The DG defined the two relevant markets as the
Furthermore, online platforms also have the ability
‘market for chimneys’ and ‘market for hobs’ in India,
to impose price restrictions on products listed on
noting that the competitive nature of the markets
their websites. Thus, the CCI, having due regard to its
implied that KAFF did not possess sufficient market
own past jurisprudence and international judgments
power to cause an AAEC. With respect to allegations
held that online market platforms, and as a corollary,
concerning resale price maintenance, DG’s
agreements between manufacturers/distributors and
investigation determined that the variable nature
e-commerce players can be examined under Section
of incentives earned by dealers led to a different net
3(4) read with Section 3(1) of the Act. Thus, the DG’s
landing price, enabling each dealer to offer different
observations in this regard were not agreed with.
prices for the same product. Competition amongst
distributors was even stiffer since they were exclusive
The CCI then went on to examine the tenability of
to KAFF. Thus, the DG concluded that it was not ideal
the resale price maintenance allegations. Within
for either the company or its dealers to consistently
the relevant markets identified by the DG, the CCI
sell products at a particular price. With regard to
examined the evidence presented to them and found
the caution notice, the DG noted that it was served
that the dealers were not required to adhere to a
because KAFF had legitimate apprehensions that
minimum price. Discounts offered online where also
counterfeit products were being sold by unverified
funded by the retailers themselves. Thus, as against
dealers listed on the Snapdeal website. It was further
the dealers, the CCI concluded that there was no
noted that this amounted to protection of goodwill,
imposition of a resale price maintenance agreement.
which was a valid business concern. Importantly,
Specifically, with respect to KAFF’s conduct with
the DG also noted that since Jasper Infotech is only a
Jasper Infotech, the CCI accepted its business
market platform that does not perform any material
justifications for issuance of the caution notice and
26
Legal Notice. It was held that each manufacturer on the Boards of both the companies orchestrates
has a right to choose the most efficient distribution consolidation and is an anti-competitive agreement
channel, and interference in this regard is warranted under Section 3. The CCI dismissed the petitions
only if it leads to anti-competitive effects. In addition, filed by the Meru on the following grounds: (i) there
there was no evidence to indicate AAEC through the weren’t any written/oral agreements with the drivers,
KAFF’s conduct, as available reports indicated that and the driver voluntarily chose the model which
the sale of chimneys and hobs via Snapdeal had only he thought was fit, thereby not coming within the
increased in the past two years, despite issuance of the purview of anti-competitive agreements. (ii) There is
caution notice. Thus, the CCI dismissed allegations no concept of collective dominance under the scheme
of resale price maintenance as against the dealers and of the Act as Section 4 only envisages unilateral
Jasper Infotech and held in favour of KAFF. dominance, and (iii) Informant failed to prove any
dominant position of the Opposite Parties in the
relevant market. With respect to the Informant’s
II. Meru Travel Solution Pvt. submission alleging an abuse of dominance due to
Ltd. v. ANI Technologies common institutional ownership, the CCI found that
while an overlapping ownership interest may hamper
and Ors. [Case No. 25 competition in the market, the underlying economic
of 2017] theories had not been tested to reveal any such anti-
competitive effects. Thus, it was incorrect to assume
that mere existence of common ownership would
The Informant, Meru Cabs, is engaged in the business
amount to an abuse of dominance. The CCI thus held
of radio taxi service since 2007 and caters to many
that no prima facie case was made out against the
cities all over India. ANI and Uber, the opposite
opposite parties.
parties, were also in the business of radio taxis and
provided their services under the name of “Ola”
and “Uber” respectively. Meru approached the CCI
III. In Re: Alleged
alleging violations of Section 3 and 4 of the Act,
as Opposite Parties were abusing their dominant cartelisation in supply of
position and provided lucrative models to their
drivers, due to collective dominance enjoyed in the
LPG Cylinders procured
relevant market and alleged advantages arising from through tenders by
common ownership. It was argued that Uber and
Ola had created an extremely attractive incentive
Hindustan Petroleum
scheme with an intention to lock-in drivers into their Corporation Ltd. (HPCL)
network, which would ultimately create visible entry
barriers and lead to foreclosure of competition in the
The case was taken up by the CCI on the basis of
market. This was alleged to be violative of Section 3(4)
an anonymous complaint. The case involved an
read with Section 3(1) of the Act.
investigation by the DG into two tenders floated by
Hindustan Petroleum (HPCL) for the procurement
The Informants stated that these anti-competitive
of cylinders and whether the actions of the bidders
terms were found in the ‘Minimum Business
were in contravention with Section 3(1) and 3(3)
Guarantee’ scheme agreements that were entered
(d) of the Act. In the first tender, it was alleged that
into with the drivers. With respect to allegations
the orders placed were at prices substantially higher
concerning collective dominance and common
than the procurement price of other oil companies
ownership, Meru argued that the presence of cross-
with the same vendors during the same period. With
shareholding common institutional investors was
respect to the second tender, it was alleged that during
strengthening the combined market position of
evaluation of the bids submitted by vendors, many
Uber and Ola in the market. Lastly, it was argued
of them withdrew their applications citing similar
that the presence of SoftBank’s influence and control
27
or incomplete reasons for withdrawals. Interestingly, cartelization amongst industrial and automotive
these withdrawals were submitted at a similar time. bearings supplier companies to claim an increase in
price from their original equipment manufacturers
The DG, in his report, observed that the tender prices
(“OEMs”). The CCI directed the DG to investigate. The
submitted by the vendors were identical and the
DG discovered that the representatives of four of the
withdrawal by the vendors in case of the second
companies in question, i.e. NEI, Schaeffler, Tata and
tender was either without a reason or had identical
SKF met and shared confidential information that
reasons. The vendors admitted that they shared
enabled them to decide upon the percentage increase
information with each other and even used the same
in steel price that each of them would represent to their
IP address for withdrawal of their bids. Thus, the DG
OEMs to claim a price increase from them. Thus, DG
concluded that there was a contravention of Section
concluded that there was a contravention of Section
3(3)(d) read with Section 3(1) of the Act.
3(3)(a) read with 3(1) of the Act.
With respect to allegations concerning identical

The CCI held that the telephonic and physical meetings
tender prices, in both cases, the CCI held that the
were good enough to establish a cartel, which in turn
mere existence of price parallelism was not enough
presumes to cause an appreciable adverse effect on
to demonstrate an intention to undertake bid rigging.
competition within the relevant market. Furthermore,
There was also no evidence to suggest that such
the parties were not able to provide any contrary
conduct was influenced by the bidders’ intention to
evidence that the cartel had pro-competitive benefits for
share the market amongst one another, as the bidders
consumers as was claimed. Therefore, the CCI held that
had not exchanged any price-sensitive or strategic
NEI, Schaeffler, Tata and SKF as well as a few of their
information amongst each other. Additionally, the
office bearers liable under Section 48 of the Act and
CCI also observed that it was a normal occurrence
ordered them to cease and desist from such activities in
for bidders to quote identical prices and hence it
the future. Interestingly, however, they did not impose
becomes necessary to have proof of intention to
any financial penalties on them.
collude for penalisation. However, for the second
count dealing with unexplained withdrawal from
the bid by multiple bidders, the CCI found evidence V. Nagrik Chetna Manch
to indicate that inadequate withdrawal forms were
intentionally filed by numerous vendors on the
v. Fortified Securities
same day, and within different parts of the country. Solutions & Ors.
Furthermore, many bidders provided identical
reasons for withdrawal, indicating the presence of The Informant, Nagrik Chetna Manch (a charitable
collusion. Thus, this act was held to be illegal and the trust) filed an information against Fortified Security
bidders and their office bearers were fined 1% of the Solutions, Ecoman Enviro Solutions Pvt. Ltd. and
total average relevant turnover and average income of Pune Municipal Corporation for entering into anti-
three preceding financial years, respectively. competitive agreements by rigging bids and colluding
during bids, a violation of Section 3(3)(d) read with
Section 3(1) of the Act. The CCI asked the DG to
IV. In Re: Cartelisation investigate and based on their advice; six bidders
in Industrial and were also impleaded as opposite parties. During this
investigation, all the opposite parties except Pune
Automotive Bearings Municipal Corporation filed a leniency application
[Case No. 5 of 2017] under Section 46 of the Act read with Regulation 5
of the Lesser Penalty Regulations. The DG further
concluded in its report that the opposite parties were
This case was taken up suo moto by the CCI pursuant
involved in collusive bid rigging and that evidence
to a leniency application filed by Schaeffler under
available was sufficient to indicate a meeting of the
Section 46 of the Act, disclosing the existence of a cartel.
minds in this regard.
The allegations made were with respect to alleged
28
CCI first had to examine whether Section 3(3) of the information against MakeMyTrip India Pvt. Ltd.
Act was applicable when certain opposite parties were (MMT), Ibibo Group Private Limited (GoIbibo)
not engaged in similar or identical trade or provision and Oravel Stays Private Limited (OYO) alleging
of goods and services. It was held that it is the business individual and collective abuse of dominance. It was
activity of the parties that they are actually bidding and also alleged that the opposite parties had entered
based on which the allegation is made, that is relevant into anti-competitive agreements with practices
for the purpose of the applicability of Section 3(3) such as predatory pricing, charging of exorbitant
(d) of the Act. Thus, other business activities that the commissions from hotels and providing illegal and
parties ‘were’ or ‘are’ engaged in will not be relevant. unlicensed bed and breakfast misrepresentation on
Examining procedural issues, the CCI then rejected their platforms since December 2012. In addition,
the argument that the DG had violated confidentiality FHRAI argued that the CCI’s act of allowing
by disclosing the contents of statements before they the merger of MMT and GoIbibo in 2017 had
were labelled as ‘non-confidential’. The CCI created a strengthened their dominant position in the market.
distinction between evidence given under the Lesser For MMT, the relevant market was delineated as the
Penalty Regulations and statements made before the “market for intermediation services for booking of
DG for an investigation. It was held that confidential hotels in India” and for OYO, it was the “market for
treatment granted under Lesser Penalty Regulations franchising services for budget hotels in India.” Thus,
does not extend to evidence obtained or collected by under Section 26(1), the CCI was asked to determine
the DG, even if such an evidence is obtained from a whether a prima facie case exists to direct the DG to
Lesser Penalty Applicant. investigate the aforesaid allegations.
With respect to the merits, the CCI held that the The CCI first rejected the arguments concerning
conduct shall be considered in violation of Section collective dominance as being outside the framework
3(3)(d) read with Section 3(1) of the Act because there of Section 4 of the Act. Within the respective
was evidence indicating collusive bid rigging by the delineated relevant markets, MMT was found to
parties. The criteria for complete engagement in be dominant because the presence of other players
producing identical goods and services did not apply. like PayTM, HappyEasyGo, Thomas Cook was
Allegations against Pune Municipal Corporation were insignificant. However, OYO was not found to be
rejected since mere failure to exercise due diligence dominant in the delineated relevant market due to
to detect collusion on the portal did not amount to presence of other large competitors.
contravention of substantive provisions of the Act.
The CCI held that Across Platform Parity Agreements
Whilst examining the Lesser Penalty Application, the
(APPAs), similar to most-favoured-nation clauses,
CCI granted reductions ranging from 25-50% to the
have the effect of imposing narrow and wide
applicants and their office bearers, while 2 applicants
restrictions on sellers, for they may be barred from
and 1 office bearer were not granted any reductions.
providing better prices or conditions on their
own website or other websites. In case the entity
VI. Federation of Hotel & imposing restrictions is dominant, it may amount
Restaurant Associations to the imposition of an unfair pricing condition

which can remove any incentive for platforms
of India v. MakeMyTrip to compete on the commission they charge to
hoteliers. Thus, CCI ordered an investigation into
India Pvt. Ltd. & Ors. such parity restriction to gauge its impact under
[Case No. 14 of 2019] Section 3(4) as well as Section 4 of the Act. It was
further stated that the commercial agreement
between MMT and OYO must be investigated to
The Informant, Federation of Hotel and Restaurant
understand whether it entails preferential treatment
Associations of India (FHRAI), which represents
to OYO that consequently led to the exclusion of
most of the hospitality industry in India. It filed an
29
its competitors Treebo and FabHotels from the be a significant (not dominant) player in the ‘market
MMT platform. It was also held that the DG should for franchising services for budget hotels in India’.
additionally investigate allegations concerning the Thus, the CCI held that it would rely on investigations
charge of unfair commissions and fake bookings on that were already being undertaken in the said case.
the MMT platform are necessary. Importantly, since When examining the allegations concerning price
this is a Section 26(1) order, the outcome of the DG’s parity, the CCI observed that MMT imposed an
investigation and final order are still pending. arbitrary exclusivity condition on Treebo through the
‘Exclusivity Agreement’ entered into between MMT
and Treebo, which was in contravention of provisions
VII. Rubtub Solutions Pvt. of Section 4(2)(a)(i) and 4(2)(c) of the Act. It was noted
Ltd v. MakeMyTrip that although such agreements may result in removal
of the incentive for platforms to compete on the
India Pvt. Ltd. (MMT) commission they charge to hoteliers, these allegations
were similar to the previous case and hence there
Rubtub Solutions Pvt. Ltd., operating under the brand
was no need for a further investigation or presence
name of Treebo Hotels, (“Treebo”) filed a complaint
of allegations were made out. It was also observed
against MakeMyTrip India Pvt. Ltd. (“MMT”) and
that OYO abused its dominant position by entering
Oravel Stays Private Limited (“OYO”). alleging that
into an anti-competitive vertical arrangement with
MMT abused its dominant position in the relevant
MMT. CCI held that imposing restrictive conditions
market for online intermediation services for booking
on Treebo, along with OYO and MMT’s deal would
hotels in India. Treebo was previously listing its
tantamount to ‘refusal to deal’ and prima facie violates
budget hotels on MMT’s platform, amongst other
Section 3(4) read with Section 3(1) of the Act. Thus,
platforms, in addition to availing intermediation
CCI directed the DG to investigate the allegations in
services provided by MMT. However, upon
this case. However, since this is a Section 26(1) order,
acquisition of Go-Ibibo, MMT proposed to make
the outcome of the DG’s investigation and final order
a significant investment in Treebo, in exchange
is still pending.
for Treebo listing its hotels exclusively on MMT’s
platform. Treebo refused this offer, as a result of
which all Treebo properties were allegedly removed VIII. Samir Agarwal
from MMT’s platform for 6 months. Thereafter, MMT
decided to relist Treebo on its platform subject to
vs Competition
Treebo entering into an allegedly unfair ‘Exclusivity Commission of India
Agreement’ and ‘Chain Agreement’ with MMT.
Subsequently, these agreements were unilaterally The appeal was filed in the Tribunal by Samir
terminated by MMT, and it was alleged that this Agarwal (the informant) against CCI decision in Samir
was as a result of OYO’s agreement with MMT. Thus, Agrawal v. ANI Technologies Pvt. Ltd. The appeal
under Section 26(1), the CCI was asked to determine was filed on the ground that CCI had erroneously
whether a prima facie case exists to direct the DG to concluded on the genuineness and legality of the
investigate the aforesaid allegations. pricing model of cab aggregators. In the proceedings
before the CCI, the appellant had argued that the
Two separate relevant markets were delineated
cab aggregators and drivers of app-based setups like
for MMT and OYO respectively, relying on prima
Ola and Uber were acting as a hub-and-spoke cartel,
facie observations of the CCI in a previous case with
where the prices were being determined by the cab
similar allegations [Federation of Hotel and Restaurant
aggregators (hub) and accepted by the drivers (spokes)
Association of India v. MakeMyTrip India Pvt. Ltd.].
through algorithms. The CCI held that the use of such
MMT was found to be prima facie dominant in the
algorithms do not amount to collusion, because there
relevant ‘market for online intermediation services for
is an absence of an agreement amongst all drivers to
booking of hotels in India’, while OYO was found to
coordinate prices.
30
The Tribunal observed that cab aggregators provided and attract attention. Through this model, Facebook
radio taxi services on demand. The consumers are thus monetise their user data, generates revenue, and
required to download the app to avail the services drives out healthy competition from the market.
of the cab aggregators. There is also no exchange of
CCI delineated the relevant market to be the ‘market
information amongst the drivers and Ola under its
for Over-The-Top (OTT) messaging apps through
business model. The taxi drivers connected with
smartphones in India.’ Whilst doing so, the CCI noted
Ola platform have no inter se connectivity and
that WhatsApp and Facebook provided different
lack the possibility of sharing information with
services and hence could not be consolidated into the
regard to the commuters and the earnings they
‘market for user attention.’ With respect to dominance,
make out of the rides provided. This excludes the
it was observed that WhatsApp’s ‘dominant position’
probability of collusion inter se the drivers through
in the market needs to be ascertained taking into
the platform. The Tribunal thus held that Uber
consideration the idea that Facebook and WhatsApp
provided a technology service to its driver partners
are group entities having the network effect advantage.
and riders through the Uber App and assisted them
The CCI was noted that merely being dominant in the
in finding a potential ride and recommended a fare
market was not a violation of the Act unless an abuse
for the same. Even with regard to fare, though the
was proved. Thus, although WhatsApp was a dominant
app recommended a fare, the driver partners were at
player in the OTT messaging apps sector market, it had
a liberty to negotiate a lower fare. The NCLAT also
not contravened Section 4 of the Act. Finally, when
observed that the case for abuse of dominance was
examining allegations of “bundling”, the CCI observed
not made out in this case, as no cab aggregator held
that tying and bundling could not occur as users were
a dominant position in the relevant market. The
provided a choice to use the WhatsApp pay feature,
Tribunal dismissed the appeal, as it did not find any
and the decision to use the UPI payment app is purely
legal infirmity in the impugned order.
voluntary and choice based for the user. Infact, since
WhatsApp pay is still being tested to be launched across
IX. Harshita Chawla v. India, it is still early to conclude that dominance has
WhatsApp & Facebook been leveraged by either of the group entities. The CCI
nevertheless adopted a pragmatic approach to hold
that it would open the case subsequently in case new
The Informant, Advocate Harshita Chawla filed
evidence in this regard was found.
an information, against WhatsApp and Facebook,
the owner of WhatsApp. This was done owing to
conduct concerning the launch of a Beta version X. Uber India Systems
of WhatsApp Pay – a UPI payment service. The
petition alleged violation of Section 4 of the Act, as
Pvt. Ltd. v. Competition
the Informant argued that WhatsApp and Facebook Commission of India
abused their dominant position in the relevant
market by pre-installing the same with all WhatsApp The complaint was filed before CCI against Uber
users, equivalent to bundling under Section 4(2)(a) India alleging predatory pricing. However, CCI
(i) of the Act. In addition to this, it was argued this questioned the very credibility of the reports relying
pre-installation amounted to leverage of dominance upon which the Informant had approached the
under Section 4(2)(e) of the Act, as it was using its CCI. The said case was then referred to the erstwhile
dominance in the market for instant messaging apps Tribunal, which directed the DG to investigate in
to promote its payment system. Concerns related the matter as the information in the above reports
to data security of the personal information were differed from each other. The said order was
also raised before the CCI. It was argued that usage challenged before the Supreme Court by Uber India
of personal data through WhatsApp, Facebook can leading to the present decision.
customise advertisements and suit user situations
31
The Supreme Court observed that Uber India was

XII. Tata Power Delhi
providing their services at such discounted rates that
they were incurring a loss of Rs. 204 per trip without Distribution Limited
any valid economic rationale. The Supreme Court
was of the opinion that such pricing strategy pointed
v. Competition
towards Uber’s intent of eliminating competition in Commission of India
the relevant market by abusing its current dominant
position in contravention with the provisions of the The informant, Tata Power Delhi Distribution
Act. The SC further refused to intervene with the Limited, filed an information against ‘NTPC Ltd.’
Tribunal’s order and directed the DG to complete the alleging contravention of the provisions of Section 3
investigation within 6 months. and 4 of the Act. The matter having closed without
any investigation by the DG in terms of Section
26(2) of the Act, an appeal was filed by Tata Power.
XI. In Re: Cartelisation in The CCI observed that the seminal issue in an
respect of zinc carbon abuse of dominance case is harm to consumers;
however, given that the electricity tariffs were
dry cell batteries fixed by a regulator (Central Electricity Regulatory
market in India Commission), the issue of harm to consumer did not

arise. However, in the appeal before the NCLAT, the
parties negotiated a settlement during the pendency
The case was taken up suo moto by the CCI based
of the appeal which was recorded and approved.
on a leniency application by Panasonic alleging that
Eveready Industries India Limited (Eveready), Indo
National Limited (Nippo) and Panasonic had formed
XIII. Matrimony.com &
a cartel in violation of Section 3 of the Act. Panasonic
revealed that the office bearers regularly met and Another v. Google
indulged in sharing vital information to accrue higher
profits by increasing the MRP of the dry cell batteries.
LLC & Ors.
The DG conducted raids at the premises of Eveready
This arose from two clubbed cases discussing similar
and Nippo, and in turn even they filed leniency
allegations against Google, the opposite party. The
applications.
informant in the first petition, Matrimony.com is
an internet website providing prospective marriage
The CCI held the actions were in violation of section
alliances, had signed an intermediation agreement
3 of the Act. The CCI further examined the leniency
with Google to make use of Google’s search bar on
applications by the manufacturers to determine the
their website. The informant in the second case,
penalty to be imposed on manufacturer and their
Consumer Unity and Trust Society (“CUTS”) is a non-
office bearers. Since Panasonic’s revelations resulted
profit civil society organisation working in public
in “significant value addition”, they were granted a
interest. In the first petition, the Informant stated
100% waiver in penalty, and subsequently, Eveready
that Google was manipulating its search results
and Nippo were granted 30% and 20% reduction,
to the advantage of its vertical partners, by mixing
respectively. Further, CCI also penalized Association of
these into the organic search results. Thus, this was
Indian Dry Cell Manufacturers (AIDCM) for facilitating
furthering a monopolistic position in the market and
the anti-competitive agreement/understanding.
was thus violative of Section 4 of the Act. The second
informant argued that Google is indulging in abuse of
its dominant position by engaging in practices such as
search bias, search manipulation, denial of access to
competing search engines, refusal to license content
to competing search engines and creation of entry
32
barriers for competitors. Thus, it was argued even here meant that there was no significant horizontal
that there was a clear contravention of Section 4. overlap/vertical relationship between parties to the
combination. Therefore, the CCI approved the said
The DG investigated the issue and delineated the two
combination under Section 31(1) of the Act.
relevant markets as market for ‘online general web
search services’ and ‘online search advertising’ in
India. It was found that Google was dominant in both XV. Century Tokyo
these markets. The DG confirmed allegations with
respect to search bias through the display of Google’s
Leasing Corporation:
own services at prominent ranks in the search pages. Combination
Cumulatively, the DG concluded that Google was
in violation of Sections 4(2)(a)(i), 4(2)(b)(ii), 4(2)(c) Registration No.
and Section 4(2)(e) of the Act. The CCI affirmed the C-2012/09/78
findings of the DG and held that Google guilty of
abuse of dominance in the online general search and
Century Tokyo Leasing Corporation filed an
online advertising search market, by undertaking
application under Section 6(2) of the Act, for
a search bias that promoted its own products. CCI
acquisition of joint control in the leasing division of
held that there were instances where Google was
Tata Capital Financial Services Limited, pursuant to
the default search engine for browsers like Safari
the execution of a Business Partnership Agreement
& Mozilla Firefox, whereon other websites were
between the parties.
prevented from implementing search technologies
that were similar to Google. The CCI penalised Google The CCI noted that the proposed combination is
to the tune of Rs. 135.86 crores and ordered them to covered under Section 5(a) of the Act, as Century
cease and desist from any such activities in the future. Tokyo would have the ability to make decisions
about strategic affairs of the Leasing Division, which
effectively leads to a situation of joint control over
XIV. Caladium Investment assets and operations of Tata’s leasing business.
Pte. Ltd.: Combination Furthermore, since Century Tokyo had no business
operations in India, the business operations of both
Registration No. the companies are not competing with or related with
C-2015/05/278 each other at different stages of the production chain.

Therefore, the CCI approved the said combination
under Section 31(1) of the Act.
Caladium Investment Pte. Ltd., a special purpose
vehicle incorporated in Singapore, sought to invest
in Bandhan Bank by subscribing to 4.99% of its
XVI. Jitender Bhargava
equity shares on a fully diluted basis. This led to an
acquisition of joint control over Bandhan Bank, due v. Competition
to their ability to vote in respect of Reserved Matters
dealing with important decisions related to the bank.
Commission of India
Thus, Caladium filed an application under Section [Appeal No. 44 of
6(2) of the Act.
2013]
The CCI noted that the acquisition was of a nature
that accorded direct and indirect joint control to Jitender Bhargava, an ex-employee of Air India, filed
Caladium. However, Bandhan Bank did not have an appeal against the CCI’s approval of the Jet-Etihad
any operations in the banking sector back then. merger alleging that it would eliminate competition
Furthermore, Caladium did not have a significant in the market for international air passengers,
presence in the financial services market, which impacting Air India and other domestic airlines. It
33
was argued that the end result of this would be an level through a “Discount Control Mechanism”
absence of choice for consumers in the market. and a penalty punishment mechanism upon non-
compliance of the discount scheme.
After examining these contentions, the Tribunal
dismissed the appeal saying the appellant does not
have “locus standi” to file the plea as the Appellant XVIII. KM Chakrapani
was not “any person aggrieved” for the purposes of
Section 53B. Merely being an ex-Executive Director of
v. Competition
Air India did not, in any way indicate that there is any Commission of India,
personal grievance to the Appellant.
Competition Appeal
XVII. Fx Enterprise (AT) No. 51 of 2018
Solutions Private The appeal before NCLAT arose out of a common
Limited and Another v. order of the CCI holding that there was no proof that
the Kerala Cement Dealers Association (KCDA) had
Hyundai Motor India violated Section 3(3) read with Section 3(1) of the Act.
In the proceedings before the CCI, it was argued that
Private Limited 2017 KCDA had unilaterally terminated the dealership
SCC OnLine CCI 26 agreement with the Informant without due reason.
The DG’s initial investigation revealed that KCDA had
undertaken such conduct. However, the CCI found
Fx Enterprise Solutions India Private Limited
some irregularities in the investigation and re-directed
and St. Anthony’s Cars Private Limited filed an
the DG to undertake an investigation. The new report
information against Hyundai Motors India Limited
reached a different conclusion and held that the
(“HMIL”) alleging contravention of Section 3(4) (e)
Informant’s allegations were untrue and KCDA’s
read with section 3(1) of the Act. It was alleged that
conduct was in line with prevalent market conditions.
Hyundai had restricted the Informants from dealing
This was appealed before NCLAT, on grounds that CCI
in products of competing brands. In addition, it
was not justified to redirect the DG to conduct another
fixed the maximum retail price and the maximum
investigation, and maintainability of the appeal.
discount which could be offered by the dealers
The argument with respect to maintainability was
through its Discount Control Mechanism within the
rejected by NCLAT as it found that the CCI was only in
distributorship agreement. Furthermore, Hyundai
partial agreement with the recommendations of DG.
tied the purchase of popular cars to the sale of high-
Orders of such nature, where the CCI was in partial
end unwanted cars, which was a restrictive trade
agreement of the findings of the DG, are appealable
practice denying market access to distributors with
under Sections 53A and 53B of the Act.
other brand car products.
With respect to allegations concerning the

CCI held that HMIL had acted in violation of
overturning of the findings of the DG, NCLAT
Section 3(4)(e) read with Section 3(1) of the Act
observed that the CCI’s considerations were based
through arrangements which resulted into resale
on a proper assessment of evidence, and two isolated
price maintenance through its discount control
incidences were not enough to demonstrate that an
mechanism. CCI examined evidence on record and
offence under the Act was committed. CCI considered
found that Hyundai had imposed an arrangement
various documents to arrive at a finding that there was
that resulted in minimum selling price restrictions
no meeting of minds between KCDA and the cement
in the form of maximum discount that can be offered
manufacturers regarding grant or termination of
by the dealers who are in interlocking relationship
dealership. Therefore, CCI’s decision was upheld.
with multiple manufacturers. Furthermore, there was
monitoring of the maximum permissible discount
34
XIX. In Re: Cartelisation by XX. Proceedings against

broadcasting service Canada Pension Plan
providers by rigging Investment Board and
the bids submitted ReNew Power Limited
in response to the under Chapter VI of
tenders floated by the Competition Act,
Sports Broadcasters, 2002
Suo Motu Case No. 02 CCI initiated proceedings against Canada Pension
of 2013 Plan Investment Board and ReNew under Section
20(1) of the Act based on their press releases
indicating that ReNew had acquired Ostro, with
The case emanated from a Lesser Penalty Application
support of an investment in Canada Pension. While
filed by Globecast India Private Limited disclosing
the acquisition of Canada Pension was disclosed to
information related to its bid rigging arrangement
the CCI in a combination application, that of Ostro
with Essel Shyam Communication Limited, the
was not. Thus, the CCI issued a show cause notice to
opposite party in this case. In early 2018, pursuant
the parties under Regulation 48 of the Competition
to investigation and the DG report affirming
Commission of India (General) Regulations 2009, to
these allegations, the CCI held that Essel Shyam
show cause as to why penalties must not be levied for
Communication Limited and Globecast Limited had
intentional non-disclosure.
exchanged confidential price sensitive information
which resulted in bid rigging in tenders that were
The parties submitted that, the transactions were
floated by sports broadcasters for the 2012 Indian
unconnected and assuming that such connection can
Premier League. This led the CCI to conclude that
be established, they were unaware of the linkages of
the parties were operating a cartel with respect to
the two transactions or that it would be a material fact
various sporting events. An amount of INR 31.94
necessitating disclosure. The CCI first examined the
Crores and INR 1.33 Crores was computed as penalty
tenability of the show cause notice and held that such
on Essel Shyam and Globecast respectively, based
documents are not sent out with a biased mind and
on the proviso to Section 27 (b) of the Act. The CCI
hence not in violation of natural justice.
observed that both parties extended co-operation by
making vital disclosures of evidence throughout the With respect to the other contentions of the parties
investigation and provided all related documents. on merits, the CCI extensively examined internal
Taking this into consideration, it granted Globecast e-mail correspondences between the parties. It held
100 percent reduction in the penalty and 30 percent that inter-connectedness was to be established
reduction in penalty to Essel Shyam. on a case by case basis, and therefore the absence
of a binding document for the second transaction
would not escape the CCI’s scrutiny merely on
this technical pretext. Furthermore, technical
interpretations of notifications that have the effect
of isolating two different steps of transactions of a
composite combination are against the spirit of the
Act and cannot be allowed. The correspondences
between the parties, discussing the distribution of
IPR inter alia, revealed their intention to treat the two
acquisitions as being entirely interconnected. Thus,
35
these disclosures were material and the Commission Department of Commerce. The question before
imposed a penalty of Rs. 50 lakhs on Canada Pension. NCLAT was whether the Appellant had engaged in
discriminatory practices during the allotment of spaces
to private organisers. It was alleged that ITPO had been
XXI. Vishal Gupta v. Google, maintaining a time-gap of 15 days between two “third
Case Nos. 6 & 46 of party events”; whereas in case of ITPO’s own organized
events, the time gap restriction was 90 days before and
2014 45 days after the event in case of ITPO events.
The Informant owned a garment group of companies The CCI found that imposition of different time
and approached Google India to create an AdWords periods was an unfair and discriminatory practice in
account to qualify for the display of services under violation of Section 4(2)(a)(i) of the Act and imposed
Google’s ‘remote technology support’ plan. However, a penalty of Rs. 6.75 crores at the rate of 2% average
his account was removed by Google under its ‘User turnover for the preceding three years. In Appeal,
Safety Policy’, citing security concerns. The Informant NCLAT reversed the decision of the CCI. It stated
alleged that the bidding process for Google AdWords that an enterprise cannot be compelled to part
account lacks transparency, and the ambiguity of its with its own assets for the benefit of others, when
‘User Safety Policy’ is indicative of abuse of dominance it is detrimental to its own interest, provided it can
by Google. Furthermore, Google had launched its own produce an objective justification for such refusal. In
competing remote tech support operation, which was the instant case, NCLAT accepted the Appellant’s
unfair, and denied market access to the Informant and objective justification that the time-gap policy was
other such service providers. to ensure that no confusing signals are provided for
similar exhibitions and events.
The CCI held that Google had not indulged in any anti-
competitive practices or abused its dominant position
in the market. With respect to closure of the AdWords XXIII. All India Online
account, CCI found that Google had followed a fair
and legitimate procedure which was accessible to
Vendors Association
all, and the Informant had acted in clear violation of v. Flipkart, Case No.
its policies. Furthermore, the bidding procedure was
transparent insofar as Google provided sufficient 20 of 2018
data to advertisers on the performance of their
The All India Online Vendors Association, the
advertisements. Lastly, with respect to unfair terms, it
Informant, was a group of more than 2000 sellers
was found that since the Informant had voluntarily
selling on ecommerce marketplaces such as Flipkart,
agreed to the lucid terms and conditions imposed by
Amazon, Snapdeal etc. It alleged that Flipkart was
Google, it was incorrect to argue that these terms were
engaging in providing preferential treatment to
unfair simply because he was prejudiced by them later.
certain sellers, amounting to an abuse of dominant
The Informant appealed the CCI decision and the
position by denying market access under Section 4
matter is currently pending before NCLAT.
(2) (a) of the Act. It was also stated that Flipkart had
devised a strategy to acquire goods from smaller
XXII. India Trade Promotion sellers, sell the same immediately to WS Retail
Organisation v. CCI Services Private Limited at a discount which would, in

turn, sell such goods as sellers on the Flipkart website.
Appeal No. 36 of 2014 The relevant market was defined to be ‘services
provided by online marketplace platforms for selling
The appellant, Indian Trade Promotion Organisation goods in India.’ CCI observed that in this market,
was a 100% government owned non-profit making Flipkart did not have a dominant position and many
company, functioning under the control of the players had a significant market share. Thus, an
36
abuse of dominance could not arise. It also noted Grasim Industries Limited [“GIL”] and Kanoria
that neither was Flipkart imposing any restraints Chemicals and Industries Limited [“KCIL”]. The DG’s
on resellers to sell products on its platform, nor was consolidated report revealed that for both tenders,
it imposing any conditions that were different from ABCIL, GIL and GACL acted in a collusive manner to
standard practice in the market. Furthermore, the artificially jack up the bid prices, forcing Delhi Jal Board
structural link with WS Retail existed only until 2012 to divide the tender quantity. No contravention was
and was later discontinued. found to be established against KCIL.
The CCI rejected the argument of the companies

XXIV. Delhi Jal Board v. that there could not be collusion amongst them
Grasim & Others because they were part of the same group. The CCI’s
reasoning was based on the fact that though GIL and
Case Nos. 3 & 4 of ABCIL had common shareholders, employees etc,
they participated in the tender as separate entities.
2013 Evidence indicating that the parties had acted in
concert, with an intention for bid rigging, was also
The Informant and Tenderer, the Delhi Jal Board
found. Thus, the CCI imposed a penalty of INR 6.27
alleged that the Opposite parties had rigged two bids
crores for this violation of Section 3(3)(d) read with
for procurement of poly aluminium chloride and liquid
Section 3(1) of the Act on GACL, GIL and ABCIL. The
chlorine respectively. The four opposite parties named
CCI agreed with the DG’s conclusion that the fourth
were Aditya Birla Chemicals (India) Limited [“ABCIL”],
party, KCIL, was not in contravention of provisions of
Gujarat Alkalies and Chemicals Limited [“GACL”],
the Act and was thus exonerated.
37
Annexure B-1
Orders under Section 26 (1) of the Act Directing

Investigation by DG
Industry Sector in
Case No./ Date of Industry Sector in which
Case name which the Informant/
Decision OP1 was engaged
complainant was engaged
82/2014 St. Antony's Cars Pvt. Ltd. vs Hyundai
Automobiles Automobiles
20/11/2014 Motor India Ltd.
M/s Jasper lnfotech Private Limited
61/2014
(Snapdeal) vs M/s Kaff Appliances Online Portals Kitchen appliances
29/12/2014
(India) Pvt. Ltd.
63/2014 Shri Saurabh Tripathy vs M/s Great Production and
Private Individual
29/12/2014 Eastern Energy Corporation Ltd. Distribution of Gas
33/2014 XYZ vs REC Power Distribution
Private Individual Public Sector Enterprise
13/01/2015 Company Limited
73/2014
Amit Mittal vs M/s DLF Limited & Ors. Private Individual Real Estate
04/02/2015
84/2014 Mr. Vijay Kapoor vs DLF Universal
Private Individual Real Estate
05/02/2015 Limited
Public Sector Enterprise
88/2014 Sunrise Resident Welfare Association Registered Society- Real (statutory body for
23/04/2015 vs Delhi Development Authority (DDA) Estate development of real
estate in Delhi)
M/s Fast Track Call Cab Private
06/2015
Limited vs M/s ANI Technologies Pvt. Radio Taxi Services Radio Taxi services
24/04/2015
Ltd.
M/s Best IT World (India)
04/2015 Private Limited (iBall) vs M/s IT & Telecommunications
IT & Electronics
12/05/2015 Telefonaktiebolaget L M Ericsson (Sweden Company)
(Publ) & Others.
99/2014 Mrs. Naveen Kataria vs M/s Jaypee
Private Individual Real Estate Development
21/05/2015 Greens.
77/2015 Mr. Vivek Sharma Vs. M/s Becton
Private Individual Healthcare
17/11/2015 Dickinson India (P) Ltd. & Others
Tamil Nadu Power Producers
73/2015 Association (TNPPA) Vs. Chettinad
Power Producers Coal Terminal
04/01/2016 International Coal Terminal Pvt. Ltd.
(CICTPL)
Department of Agriculture,
Cooperation & Farmers Vs. M/s
Ref. Case No.
Mahyco Monsanto Biotech (India)
02/2015
Limited. AND M/s Nuziveedu Seeds Agriculture Biotech
and107/2015
Limited (NSL) Vs. Mahyco Monsanto
10/02/2016
Biotech (India) Limited (MMBL) &
Others.
38
All India Kissan Sabha (AIKS) Vs

Monsanto Inc, USA, Department of
03/2016, Ref. Case
Agriculture & Cooperation Vs Mahyco
no. 01/2016 and
Monsanto Biotech (India) Limited Agriculture Biotech
10/2016
(MMBL), National Seed Association
18/02/2016
of India (NSAI) Vs Mahyco Monsanto
Biotech (India) Limited (MMBL)
Ref. Case no.
Department of Sports Vs Athletics Athletics Federation of
01/2015 Sports
Federation of India India
16/03/2016
Kaveri Seed Company Limited, Ajeet
37/2016, 38/2016
Seeds Private Limited & Ankur Seeds
and 39/2016 Multiple Industries Multiple Industries
Private Limited Vs. Mahyco Monsanto
09/06/2016
Biotech (India) Limited & Others
12/2016 InPhase Power Technologies Private Power and Automation
Power Technologies
09/06/2016 Limited Vs ABB India Limited Technologies
International Spirits and Wines
02/2016 Association of India Vs.Uttarakhand
Liquor Agriculture
19/07/2016 Agricultural Produce Marketing Board
& Others
09/2016 M/s Esaote S.p.A Vs Esaote Asia
Medical Medical
23/08/2016 Pacific Diagnostic Private Limited
Shri Dharam Vir and Shri Aditya
08/2015
Umang Vir Vs Jaiprakash Associates Private Individual Real Estate
14/09/2016
Limited
62/2015 Shri Vivek Chandra Vs Jaiprakash
14/09/2016 Associates Limited
M/s Amar Biotech Limited Vs M/s
36/2016
Mahyco Monsanto Biotech(India) Biotech Biotech
21/09/2016
limited. & Others
Rico Auto Industries Limited, In
16/2016, 17/2016,
Re: Omax Autos Limited, In Re:
18/2016, 19/2016
Omax Autos Limited, In Re: Rico
and 20/2016 Multiple Industries Multiple Industries
Auto Industries Limited, In Re: Rico
Castings Limited Vs. GAIL (India)
03/10/2016
Limited
62/2016 XYZ Vs Association of Man-made
Non Profit Organisation Man-made Fibre
10/11/2016 Fibre Industry of India & Others.
78/2016 Sudarshan Kumar Kapur Vs Delhi
12/01/2017 Development Authority
86/2016 Shri Satyendra Singh Vs Ghaziabad
02/02/2017 Development Authority
70/2014 Shri Rajat Verma Vs Public Works
Private Individual Public Works
27/02/2017 (B&R) Department & Others
Sri Rama Agri Genetics (India) Private
88/2016
Limited Vs. Mahyco Monsanto Biotech Agri Genetics Seed Manufacturing
14/03/2017
India Limited & Others.
68/2016 Biocon Limited & others Vs. F.
Pharmaceutical Pharmaceutical
21/04/2017 Hoffmann-La Roche AG & Others
Next Radio Limited Vs. Prasar
29/2016
Bharti & Ministry of Information and Radio Radio
04/07/2017
Broadcasting
02/2017 Shri Rathi Steel (Dakshin) Ltd. Vs.
Steel Natural Gas
14/07/2017 GAIL (India) Ltd.
39
45/2016 Mohan Meakin Limited Vs. GAIL

Glass Natural Gas
17/07/2017 (India) Limited
19/2017 Clear Media (India) Private Limited Vs.
Radio Radio
06/09/2017 Prasar Bharti & Other
Gurgaon Institutional Welfare
94/2016
Association Vs. Haryana Urban Real Estate Real Estate
31/10/2017
Development Authority (HUDA
13/2017 Thiruvananthapuram Entertainment
Entertainment Entertainment
29/12/2017 Network (P) Ltd. Vs. Star India Pvt. Ltd
HPCL-Mittal Pipelines Limited (‘HMPL’)
39/2017
Vs. Gujarat Energy Transmission Petroleum and Energy Electrical Power
31/01/2018
Corporation Limited & Others
17/2017 Vishal Pande Vs. Honda Motorcycle
Private Individual Automobiles
14/03/2018 and Scooter India Private Ltd.
Confederation of Real Estate
Developers Association of India-
40/2017
NCR (CREDAI-NCR) Vs. Department Real Estate Urban Development
06/04/2018
of Town and Country Planning,
Government of Haryana & Other
51/2017, 54/2017
Informant (Confidential) Vs. Grasim
& 56/2017 Confidential Textile
Industries Limited. (GIL)
16/05/2018
Pan India Infraprojects Private Limited
91/2013 Sports ( Board of Control
Vs. Board of Control for Cricket in Sports
01/06/2018 for Cricket in India )
India (BCCI)
Indian National Shipowners’
01/2018 Association. (‘INSA’) Vs. Oil and
Merchant Navy Natural Gas
12/06/2018 Natural Gas Corporation Limited.
(‘ONGC’)
Starlight Bruchem Ltd. Vs. Flora and
53/2017
Fauna Housing & Land Developments Liquor Liquor
09/07/2018
Private Limited & Others.
30/2017 Noida Software Technology Park Ltd.
Satellite Entertainment
27/07/2018 Vs. Star India Pvt. Ltd. & Others
16/2018 Velankani Electronics Private Limited
Electronics Electronics
09/11/2018 Vs. Intel Corporation
30/2018 Mr. Meet Shah & Other Vs. Union of
Private Individual Railways
09/11/2018 India, Ministry of Railways & Other
39/2018 Mr. Umar Javeed & Others Vs. Google
Private Individual Internet
16/04/2019 LLC & Other.
Mr. Shravan Yadav & Others Vs.
01/2019
Volleyball Federation of India (VFI) & Private Individual Sports
07/08/2019
Other
05/2019 Matrix Info Systems Private Limited Vs.
Production of IT products Technology
09/08/2019 Intel Corporation & Other
Air Works India (Engineering)
30/2019
Private Limited Vs. GMR Hyderabad Aviation Aviation
03/10/2019
International Airport Limited & Others
Federation of Hotel & Restaurant
14/2019 Associations of India (FHRAI) vs.
Hospitality Travel and Tourism
28/10/2019 MakeMyTrip India Pvt. Ltd. (MMT) &
Others
40
M/s Maa Metakani Rice Industries

vs State of Odisha represented
16/2019
through Commissioner-cum-Secretary, Production of Rice Food
01/11/2019
Food Supplies & Consumer Welfare
Department, Government of Odisha
In Re: Delhi Vyapar Mahasangh and
40/2019
Flipkart Internet Private Limited and E-commerce E-commerce
13/01/2020
ors.
36/2019 JSW Paints Private Limited Vs. Asian
Paint Paint
14/01/2020 Paints Limited
Rubtub Solutions Pvt. Ltd. Vs.
01/2020
MakeMyTrip India Pvt. Ltd. (MMT) & Hospitality Travel and Tourism
24/02/2020
Other
41
Annexure B-2
Orders Passed under Section 26 (2) of the Act by the

Commission Dismissing the Case
Industry Sector in which
Case No./ Date of Industry Sector in which
Case name the Informant/Complain-
Decision OP1 was engaged
ant was engaged
45/2014 Ohm Value Services Limited vs Janta
Setting up Industries Real Estate
27/10/2014 Land Promoters Limited
Reference under section 19(1)(b)
of the Competition Act, 2002 filed
Ref. Case No. on behalf of Ministry of Tourism,
03/2014 Government of India, Transport Ministry of Tourism Media and Entertainment
29/10/2014 Bhawan, Parliament Street, New
Delhi-110001 vs M/s Span
Communications
50/2014 XYZ vs Principal Secretary, PWD, Govt Govt dept for architectural
Private Individual
29/10/2014 of Madhya Pradesh & Ors. surveys
M/s Red Giant Movies vs The
54/2014 Secretary to Government Commercial
Movie Production Govt. of Tamil Nadu
29/10/2014 Taxes & Registration Department,
Government of Tamil Nadu & Ors.
55/2014 Shri Nandan Kumar vs Association of
29/10/2014 Healthcare Providers (India) & Ors.
Marketing and sale of
31/2014 The Malwa Industrial & Marketing the finished goods of the
Cooperative Society
18/11/2014 Ferti-chem, vs The Registrar & Ors. society to Cooperative
Agricultural Service Society
Ref. Case No.
7/2014 XYZ Vs M/s Penna Cements & Others. Private Individual Cement
19/11/2014
57/2014 Shri Om Prakash & Ors. vs Media
Private Individual Housing
20/11/2014 Video Limited (MVL) & Ors.
62/2014 Ohm Forex Services Ltd.(OFSL) vs
Money Changer Bank
21/11/2014 ICICI Bank Limited & Ors.
58/2014
XYZ vs M/s Super Smelters Limited Private Individual Steel
21/11/2014
59/2014 Dr. Rajender Kumar Gupta vs Shri B.D.
Private Individual Mobile Services
05/12/2014 Park, Managing Director & Ors.
Shri Uday Sakharam Yadav vs
67/2014 Information Management
Excise, Entertainment & Luxury Tax Private Individual
05/12/2014 System
Department
Shri Umesh Chaudhary vs CSC
68/2014
e-governance Services India Ltd. & Private Individual E governance services
22/12/2014
Ors.
Mr. Mohan Dharamshi Madhvi vs
75/2014 Chairman and Managing Director,
Private Individual Insurance
22/12/2014 Royal Sundaram Alliance Insurance
Company Ltd. & Ors.
42
Shri Siddhartha Upadhyaya & Ors.

vs Shri Sushil Ansal and Shri Pranav
78/2014 Ansal, M/s Ansal Proprieties &
Private Individual Construction
23/12/2014 Industries Ltd.
Order Under Section 38 (dated:
13.01.2015)
60/2014 XYZ vs Bengal Ambuja Housing
29/12/2014 Development Limited
77/2014 Sh. Ankit Jain vs M/s BPTP Limited &
30/12/2014 Ors.
Muthoot Mercantile Limited vs State
81/2014 Non-Banking Financial
Bank of India (Through the Chairman) Commercial Bank
30/12/2014 Company (NBFC)
& Ors.
Shri Rajat Verma vs Public Works
70/2014 (B&R) Department, Government of
12/01/2015 Haryana & Ors. Main Order, Dissent
Note
Brihan Mumbai Electric Supply and
Transport Undertaking of Municipal
76/2014
Corporation of Greater Mumbai Electricity Electricity
29/01/2015
(BEST) vs Tata Power Company
Limited
79/2014 Balbit Singh Jamwal vs Paras
Private Individual Maintenance Services
29/01/2015 Buildtech India Pvt. Ltd.
85/2014 Ravinder Kaur Sethi vs DLF Universal
29/01/2015 Limited & Ors.
92/2014
XYZ vs Shri Hiralal Sharma Private Individual Education
29/01/2015
66/2014 Mr. Ramesh Mehta vs M/s North Star
29/01/2015 Apartments Pvt. Ltd.
Mr. Gautam Dhawan vs M/s.
69/2014
Parsvanath Hessa Developers Pvt. Private Individual Real Estate
29/01/2015
Ltd. & Ors.
74/2014 Shri Abhinandan Kumar vs MVL
30/01/2015 Limited.
Shri Sanjay Goel vs The Chief
96/2014
Executive Officer, Greater Noida Private Individual Real estate
04/02/2015
Industrial Development Authority
M/s Bhasin Motors (India) Private
86/2014
Limited vs M/s Volkswagen Group Automobile Automobile
11/02/2015
Sales India Private Limited
83/2014 M/s VidaySagar Realtors Pvt. Ltd. vs
Real Estate Real Estate
17/02/2015 M/s Bestech India Pvt. Ltd. & Ors.
Distribution of
87/2014 Bharat Garage vs Indian Oil Distribution of Compressed
Compressed Natural Gas
24/02/2015 Corporation Ltd. & Ors. Natural Gas (CNG)
(CNG).
100/2014 Shri Amitabh vs M/s KENT RO
Private Individual Water Purifiers
26/02/2015 Systems
Brickwork Ratings India Private
95/2014
Limited vs CRISIL Limited, A Standard credit rating agency credit rating agency
18/03/2015
& Poor's Company & Ors.
Shri Shrikant Shivram Kale vs M/s
01/2015
Suzuki Motorcycle India Private Private Individual Automobile
19/03/2015
Limited
43
02/2015 Matha Timbers Private Ltd. vs Tamil Import, Distribution and

Banking
24/03/2015 Nad Mercantile Bank Ltd. Sale of Timber
Ministry of
93/2014 CSC Forum vs CSC e-governance Communication &
Communication &
24/03/2015 Services India Ltd. Information Technology
Information Technology
Dr. (Col.) Subhash Chandra Talwar vs
97/2014
Chief Secretary, Govt. of Haryana & Private Individual Govt. Of Haryana
24/03/2015
Ors.
101/2014 Shri Dominic Da'Silva vs M/s Vatika
01/04/2015 Group.
M/s. K Sera Sera Digital Cinema Pvt.
30/2015
Ltd. vs Digital Cinema Initiatives. LLC. Digital Cinema Services Digital Cinema
22/04/2015
& Ors.
80/2014 Mr. Mohit Manglani vs M/s Flipkart
Private Individual E commerce website
23/04/2015 India Private Limited & Ors.
03/2015 Shri Jitendra M. Malkan vs M/s
23/04/2015 Godrej Properties Ltd & Ors.
07/2015 Shri Brajesh Asthana, Proprietor M/s Pouch packing machine
Private Individual
23/04/2015 Arpita Engineering vs Uflex Limited business
15/2015 M/s Mahadev Buildtech Pvt. Ltd. vs Liquor- Retail and
Liquor
23/04/2015 M/s Hema Surgicals Pvt. Ltd. & Ors. Wholesale business
14/2015 Mr. Ravinder Pal Singh vs BPTP
Private Individual Real Estate Developer
12/2015 Shri Ashok Kumar Sharma vs Agni
Private Individual Security Systems
07/05/2015 Devices Pvt. Ltd.
90/2014 Shri Ramamurthy Rajagopal vs
Private Individual Restaurants
13/05/2015 Doctor's Associates Inc. & Ors.
Nitin Radheyshyam Agarwal &
Other (10/2015), Shri Dharmendra
M. Gada (17/2015), Shri Deepak
Panchamia & Other (18/2015), Shri
10, 17, 18, 25, 26 &
Dinesh Chand R Modi (25/2015),
27/2015 Private Individual Textile & Real Estate
Shri Rajesh Mayani & Other
19/05/2015
(26/2015), M/s Malhar Traders
Private Limited (27/2015) vs Bombay
Dyeing & Manufacturing Company
Limited & Ors.
Shri Sanjay Goel vs Greater Noida
13/2015 Govt organisation for
Industrial Development Authority & Private Individual
22/05/2015 development
Others.
22/2015 Rooster Info. Pvt. Ltd. vs Maruti
Automobile Automobile
28/05/2015 Suzuki India Ltd.
M/s. Official Beverages vs M/s. SAB
81/2012
Miller India SKOL Breweries Limited Beverages Beverages
31/05/2015
& Ors
21/2015 M/s Dhanvir Food Product vs Bank of
Food Banking
02/06/2015 Baroda & Others
31/2015 Shri Aayush Garg vs K.D.P.
04/06/2015 Infrastructure Private Ltd. & Others
M/s K Sera Sera Digital Cinema Pvt.
24/2015 Ltd. vs M/s NBC Universal Media
Digital Cinema Media Distribution
04/06/2015 Distribution Services Pvt. Ltd. &
Others
29/2015 M/s Surana and Surana vs M/s Dell
Law Computer
10/06/2015 India Private Limited.
44
42/2015 Mr. Rahul Sharma vs Terra Group

23/06/2015 alias Adinath Properties Pvt. Ltd.
41/2015 Mr. Vikar Kumar Goel vs Standard
Private Individual Banking
23/06/2015 Chartered Bank & Others
23/2015 Shri Rambir Singh vs M/s Puri
24/06/2015 Constructions Pvt. Ltd.
28/2015 Shri Udit Gupta vs Interglobe Aviation
Private Individual Aviation
25/06/2015 Limited & others
37/2015 Mr. Preetam Chhabra vs Ansal
25/06/2015 Properties & Infrastructure Ltd.
35/2015 Dreams Aakruti vs Dreams Group & Co-operative Housing
Real Estate
30/06/2015 othr. Society
20/2015 Shri K. Rajarajan vs Mahindra &
Private Individual Automobile
30/06/2015 Mahindra Ltd. & Others
Case No. 39 of 2015 Shri Vijay
39/2015 and Malhotra vs Milestone Capital
40/2015 Advisors Limited. and Case No. 40 of Private Individual Investment
02/07/2015 2015 Shri Vijay Tejpal vs Milestone
Capital Advisors Limited.
47/2015 Ms. Babita Roy vs M/s Swadesh
02/07/2015 Developers and Colonisers & othrs
Shri Ranbir Singh vs Department of
19/2015
Information and Public Relations & Private Individual Public Relations
05/08/2015
others
M/s Sri Rama Agency vs M/s
58/2015
Mondelez India Foods Private Limited Private Individual Food
11/08/2015
& others
44/2015 M/s Mukesh Brothers vs Jaguar & Co.
Bathroom Fittings Bathroom Fittings
20/08/2015 Pvt. Ltd. & others
Ms. Bharti Verma vs Global
48/2015
Information Systems Technology Pvt. Private Individual Information Technology
25/08/2015
Ltd
52/2015 Shri Deepak Khandelwal vs Ireo
25/08/2015 Grace Realtech Pvt. Ltd.
M/s Ess Cee Securities Pvt. Ltd. &
45/2015
others vs M/s DLF Universal Limited Private Individual Real Estate
26/08/2015
& others
M/s Gujarat Industries Power
55 and 56/2015
Company Limited (GIPCL) vs M/s Gail Power Natural Gas
08/09/2015
(India) Limited
09/2015 M/s Shubham Sanitarywares vs M/s
Sanitaryware Bathroom Fittings
09/09/2015 HSIL Limited
Graduates Association of Civil
65/2015
Engineers vs The Principal Secretary, Real Estate Local Self Government
09/09/2015
Local Self-government & others
33/2015 Shri Hardev Singh vs S.M.V. Agencies
09/09/2015 Pvt. Ltd. & Others
Ms. Baby Nandini Garg vs The
78/2015
Management of Shikshantar School Private Individual Education
28/09/2015
& others
67/2015 Shri Navin K Trivedy. vs M. R. Proview
Private Individual Education
29/09/2015 Realtech Pvt. Ltd
Cloudwalker Streaming Technologies
46/2015
Private Limited. Vs.Bennett, Coleman Film Advertisement
29/09/2015
and Co. Ltd
45
Makkal Tholai Thodarpu Kuzhumam

43/2015
Ltd.Vs.Tamil Nadu Arasu Cable TV TV Satellite Cable TV
29/09/2015
Corporation Ltd.
64/2015 Sh. Arvind Sood Vs. Hyundai Motor
29/09/2015 India Ltd.
Open Access Users Association
91/2014
Vs.Tata Power Delhi Distribution Association Power
29/09/2015
Limited & othrs.
M/s Taj Pharmaceuticals Ltd. &
69/2015
others vs The Department of Sale Pharmaceutical Tax
29/09/2015
Tax/ Professional tax & others
83/2015 Taj Pharmaceuticals Ltd. & Ors vs
Pharmaceutical Online Search Engine
07/10/2015 Facebook & Ors
57/2015 Sai Galvanizers & Fabricators Pvt. Ltd.
Transmission Line Towers Multiple Industries
15/10/2015 vs. KEC International Ltd. & Others
M/s Applesoft. vs. The Chief
71/2015
Secretary to the Government of Computer Non Profit Organisation
21/10/2015
Karnataka & Others.
70/2015 Shri. Vijaya Pal Singh vs. M/s
21/10/2015 Universal Buildwell (P) Ltd.
51/2015 Mohan Meakin Limited vs GAIL (India)
Glass Natural Gas
27/10/2015 Ltd
63/2015 Shri Shrishail Rana Vs. M/s Symantec
Private Individual Computer
17/11/2015 Corporation
M/s Kyal Agencies Pvt. Ltd. & Others
79/2015
Vs. Utkal Chemists and Druggists Pharmaceutical Pharmaceutical
17/11/2015
Association (UCDA) & Others
84/2015 Ms. Eena Sethi vs M/s Sony India &
Private Individual Electronic
17/11/2015 Others
Mr. C. Nandeesh & Mrs. H. S. Gayathri
87/2015 Vs. Chairman & Managing Director,
Private Individual Financial Services
17/11/2015 GE Countrywide Consumer Financial
Services Limited.
M/s DB Power Limited. Vs. M/s Coal
72/2015 and
India Ltd. & its Subsidiaries and Shri
76/2015 Electricity Coal
Bijay Poddar Vs. M/s Coal India Ltd. &
17/11/2015
its Subsidiaries
88/2015 Dr. Sudheesh Goel Vs. Metropolis
17/11/2015 Health Care Limited.
90/2015 M/s Manas Enterprises vs Child
Private Individual Child Safety
17/11/2015 Safety India
Ms. Geeta Kapoor vs DLF Qutab
16/2015
Enclave Complex Educational Private Individual Education
17/11/2015
Charitable Trust & Other.
91/2015 Shri Raghavendra Singh Vs.
Private Individual Petroleum
17/11/2015 RelianceIndustries Ltd.
Shri Arpit Batra Vs. Haryana State
66/2015
Co-operative Supply and Marketing Private Individual Sugar
17/11/2015
Federation Limited. & Others
Airline Operators Committee (AOC),
75/2015
Delhi Vs. Delhi International Airport Aviation Aviation
17/11/2015
Pvt. Ltd. (DIAL)
32/2015 Polimer Media Private Limited vs TAM
Satellite Television Television
17/11/2015 Media Research Private Limited
46
49/2015 Shri Tarun Patel Vs. Haria Lakhamshi

Private Individual Pharmaceutical
18/11/2015 Govindji Rotary Hospital & Others
Astha Power Corporation Pvt. Ltd.
38/2015
Vs. Reliance Gas Transportation Natural Gas Natural Gas
19/11/201
Infrastructure Ltd.
92/2015 Trend Electronics vs Hewlett Packard
Electronics Electronics
19/11/2015 India Sales Pvt. Ltd.
101/2015 Shri Jatin Kumar vs Estate Officer &
10/12/2015 Ors.
89/2015
15/12/2015
Mr. Vineet Aryan and Mrs. Pratibha
100/2015
Arya & Ors. Vs. Prestige Estates Private Individual Real Estate
15/12/2015
Project Ltd. & Others
95/2015 M/s Nutan Barter Pvt. Ltd. vs M/s
17/12/2015 Imperial Housing Ventures Pvt. Ltd.
Meru Travel Solutions Private Limited
81/2015
(MTSPL) vs Uber India Systems Pvt. Cab Cab
22/12/2015
Ltd
105/2015 Ms. Sanyogita Goyal vs M/s Ansal
06/01/2016 Properties & Infrastructure Ltd.
Mr. Yeshwanth Shenoy vs Air India,
98/2015
Alliance Air and Air India Express & Private Individual Aviation
06/01/2016
Others
M/s V. E. Commercial Vehicles
80/2015
Limited vs Uttar Pradesh State Road Automobile Transport
07/01/2016
Transport Corporation (UPSRTC)
59/2015 Turbo Aviation Pvt. Ltd. vs Bangalore
Aviation Aviation
07/01/2016 International Airport Ltd. & Ors.
86/2015 Mr. Vimal Singh Rajput vs Maruti
07/01/2016 Suzuki India Ltd.
103/2015 Mr. Raghubir Mertia vs M/s Aura Real
07/01/2016 Estate Pvt. Ltd. & Anr.
102/2015 Mrs. Belarani Bhattacharyya Vs M/s
Private Individual Paint
27/01/2016 Asian Paints Ltd.
82/2015 M/s Mega Cabs Pvt. Ltd. Vs. M/s ANI
Cab Technology
09/02/2016 Technologies Pvt. Ltd.
01/2016 Shri Anand Parkash Agarwal Vs.
Private Individual Power
10/02/2016 Dakshin Haryana Bijli Vitran Nigam
108/2015 Air India Limited Vs. InterGlobe
Aviation Aviation
10/02/2016 Aviation Limited
110/2015 Smt. Sarita Punia w/o Shri P. D. Punia
Private Individual Housing
10/02/2016 vs Tulip Housing Private Limited
Meru Travel Solutions Private Limited
96/2015
(MTSPL) vs Uber India Systems Pvt. Cab Cab
10/02/2016
Ltd. & Others
112/2015 Shri M. M. Mittal Vs. M/s Paliwal
25/02/2016 Developers Ltd.
11/2016 Sh. R. S. Malik & Sh. Hemant Rana Vs
Private Individual Private Individual
16/03/2016 Sh. Inder Singh & Ors.
14/2016 Yashpal Raghubir Mertia Vs. M/s Aura
29/03/2016 Real Estate Pvt. Ltd. & Anr.
47
Tamilnadu Consumer Products

106/2015 Distributors Association Vs. Britannia
Food Food
29/03/2016 Industries Ltd. and Britannia Dairy
Pvt. Ltd.
Registrars Association of India (RAIN)
104/2015
Vs. National Securities Depository Ltd. Information Technology Information Technology
29/03/2016
(NSDL) & Others
05/2016 and Mr. Mukul Kumar Govil & others. Mrs.
06/2016 Kiran Govil & others. Vs. ET Infra Private Individuals Real Estate
29/03/2016 Developers Pvt. Ltd. & Others
99/2015 Paharpur-3P, Paharpur Cooling Towers
Packaging Gas
01/04/2016 Ltd. Vs. Gail (India) Ltd.
94/2015 Gujarat State Fertilisers & Chemicals
Fertilisers and Chemicals Gas
01/04/2016 Ltd. Vs. Gail (India) Ltd.
Actuate Business Consulting Pvt. Ltd.
22/2016
& Abha Kathuria Kohli Vs Ambika Private Individual Trading and Construction
03/05/2016
Trading & Construction Co. Pvt. Ltd.
Southwest India Machine Trading
97/2015 Pvt. Ltd. Vs. Case New Holland
Trading Construction
03/05/2016 Construction Equipment (India) Pvt.
Ltd
Confederation of Real Estate Brokers’
23/2016
Association of India Vs Magicbricks. Real Estate Online Search Engine
03/05/2016
com & Ors.
Mr. Bosco Joseph Vs Union of India,
27/2016
Department of Legal Affairs, Ministry Private Individual Legal
03/05/2016
of Law & Justice & Ors
04/2016 Mr. Vishwambhar M. Doiphode Vs.
Private Individual Telecommunication
05/05/2016 Vodafone India Limited
28/2016 Mr. A. S. Sharma Vs M/s Prateek
01/06/2016 Realtors India Pvt. Ltd & Ors.
Shri Kamble Sayabanna Kallappa Vs.
35/2016
M/s Bennett Coleman and Company Private Individual Newspaper
02/06/2016
Limited
Smt. Jolly Diclause Vs. The General
46/2016
Manager Sterling Vehicle Sales Pvt. Private Individual Automobile
07/06/2016
Ltd. & Nissan Motor India Pvt. Ltd.
42/2016 Indian Paint & Coating Association Vs.
Paint Chemicals
08/06/2016 Kanoria Chemicals & Industries Ltd.
26/2016 Mr. Sumit Kumar Vs. KAMP
08/06/2016 Developers Pvt. Ltd.
P.E.C. Usha Furniture Vs. Military
113/2015
Engineer Services, Officials working Furniture Military Engineering
28/06/2016
under CE (Navy)
Prime Mag. Subscription Services
07/2016
Pvt. Ltd. Vs. Wiley India Pvt. Ltd., John Publishing Publishing
28/06/2016
Wiley & Sons Ltd.
13/2016 Shri Vinay Kala and Smt. Mina Kala
05/07/2016 Vs. DLF Ltd.
40/2016 Shri Kailash Chander Sharma Vs. Coal
Private Individual Coal
14/07/2016 India Limited & Others
15/2016 Mr. Gajinder Singh Kohli Vs Genius
26/07/2016 Propbuild Private Limited
33/2016 M/s Rex Propbuild Pvt. Ltd. Vs. M/s
26/07/2016 Parsvnath Developers Ltd
48
34/2016 Mr. Deepak Verma Vs. Clues Network

Private Individual Retail Market
26/07/2016 Pvt. Ltd.
XYZ Vs Hospital Services Consultancy
44/2016
Corporation India Ltd. (HSCC) (India) Confidential Healthcare
09/08/2016
Ltd. & Anr
48/2016 Smt. Usha Roy Vs M/s ANS
31/08/2016 Developers Pvt. Ltd.
Mr. Vilakshan Kumar Yadav & Others
21/2016
Vs M/s ANI Technologies Private Private Individual Radio Taxi
31/08/2016
Limited
60/2016 M/s Oberoi Cars Pvt. Ltd. Vs M/s
Automobile Real Estate
31/08/2016 Imperial Housing Ventures Pvt. Ltd.
59/2016 Shri Sameer Agarwal Vs M/s Bestech
06/09/2016 India Pvt. Ltd.
41/2016 Shri Prem Prakash Vs Power Grid
Private Individual Electricity
21/09/2016 Corporation of India Ltd.
Dr. AR Subramanian Vs Mr. Mohit
70/2016
Arora, Managing Director, M/s Private Individual Real Estate
25/10/2016
Supertech Limited
M/s Picasso Animation Private
75/2016
Limited (PAPL) Vs. M/s. Picasso Animation Digital Media
25/10/2016
Digital Media Pvt. Limited (PDMPL)
63/2016 Mr. Anant @ Shyam Damodar Patkar
25/10/2016 Vs M/s Pam Infrastructure & Anr
73/2016 Mathew K. P. Vs Joy Alukas India Pvt.
M/s Indiacan Education Pvt. Ltd.
71/2016
Vs M/s Aldine Ventures Pvt. Ltd. & Education Education
10/11/2016
Others
49/2016 Mahendra Kumar Rathore Vs M/s
Private Individual Television Operators
10/11/2016 Super Cassettes Industries Pvt. Ltd.
76/2016
Dr. S. K. Mittal, Advocate Vs HP Inc. Private Individual Computers
10/11/2016
30/2016 Shri Prem Pal and Shri Amrish Vs
Private Individual Oil
10/11/2016 Indian Oil Corporation Ltd. and Ors.
Shri Shiv Ram Sharma and Ors Vs
74/2016
Kalptaru Buildtech Corporation Private Individual Real Estate
10/11/2016
Limited and Ors.
69/2016 Suntec Energy Systems Vs National
Energy Dairy
10/11/2016 Dairy Development Board
Mr. N. K. Prakash Babu Vs The
64/2016
President, South Indian Film Chamber Private Individual Film
05/12/2016
of Commerce & Others.
50,51,52,53,54 and
Shri Abdul Waseem, Shri Abdul Basit,
55/2016 Private Individuals Real Estate
Shri Abdul Azim Vs. DLF Universal Ltd.
05/12/2016
89/2016 Shri Rakesh Sanghi Vs. Bennett,
Private Individuals Newspaper
05/12/2016 Coleman and Company Ltd. & Others
67/2016 Shri Veer Pratap Naik Vs AVEVA
Private Individuals Information Technology
05/12/2016 Information Technology India Pvt. Ltd.
57/2016 Eskay Video Pvt. Ltd. Vs Real Image
Film Film
06/12/2016 Media Technologies Pvt. Ltd. & Ors.
92/2016 Dr Ravi Bhushan Sharma Vs Toyota
Private Individuals Automobile
06/12/2016 kiroskar Motor Pvt. Ltd
49
M/s Rishabraj Logistics Limited Vs.

65/2016
Orix Auto Infrastructure Services Transport Car Rental
06/12/2016
Limited. & Others
93/2016 M/s Shree Hari Inn Pvt. Ltd. Vs M/s
Private Individuals Automobile
13/12/2016 Mercedes Benz India Pvt. Ltd.
79/2016 Sh. Ravi Beriwala Vs. Lexus Motors
17/01/2017 Ltd. & Ors.
Major Siya Ram (Retd.) & Other Vs
87/2016
M/s Wave Megacity Centre Private Private Individual Real Estate
17/01/2017
Ltd.
Mr. Rajendra Kumar Nigam Vs Franco-
84/2016
Indian Pharmaceuticals Private Private Individual Pharmaceutical
24/01/2017
Limited. & other
72/2016 M/s Shah Associates Vs. Timken
Private Individual Oil and Natural Gas
31/01/2017 India Limited.
Mr. Debabrat Mishra Vs. Daimler
82/2016
Financial Services India Private Private Individual Financial Services
02/02/2017
Limited & Others.
Onicra Credit Rating Agency of India
43/2016
Limited Vs. Indiabulls Housing Credit Rating HousingFinance
03/02/2017
Finance Limited.
47/2016 and Indian Competition Review Vs.
56/2016 Gateway Terminals India Private Indian Competition Review Container Terminal
08/02/2017 Limited (GTIPL) & Others
Mr. Rachakonda Satya Sravan Kumar
100/2016
Vs ACE Educational Services Private Private Individual Education
08/02/2017
Limited & Others
66/2016 Mr. Ashish Dandona Vs Dhanlaxmi
21/02/2017 Bank limited.
Shree Gajanana Motor Transport
85/2016 Company Limited Vs. Karnataka State
Automobile Transport
27/02/2017 Road Transport Corporation (KSRTC)
& others.
109/2015
Rajeev Nohwar Vs. Lodha Group Private Individual Real Estate
08/03/2017
91/2016 M/s Kiran Enterprise Vs. M/s Abbott
08/03/2017 Healthcare Pvt. Ltd.
South Gujarat Warp Knitters
24/2016
Association Vs. Prafful Overseas Knitting Yarn
09/03/2017
Private Limited & Others.
08/2016 Justickets Pvt. Ltd. Vs. Big Tree
Movie Ticketing Entertainment
10/03/2017 Entertainment Pvt. Ltd. & Other
102/2016 Shri Tirath Ram Vs Baba Associate,
14/03/2017 Rep. by Sh. Rajender Gupta (Partner)
Dr. Biswanath Prasad Singh Vs
20/2014
Director General of Health Services Private Individual Healthcare
14/03/2017
(DGHS) & others.
Aditya Automobile Spares Private
103/2016
Limited & Others Vs. Kotak Mahindra Automobile Banking
15/03/2017
Bank Ltd
Prem Prakash Vs The Principal
50/2014
Secretary Madhya Pradesh Public Private Individual Public Works
17/03/2017
Works Department & Others.
06/2017 Mr. Budhheshwaran Shukla Vs.
03/05/2017 Executive Engineer & others.
50
04/2017 Sh. Ujjwal Narayan & Others Vs. M/s

05/05/2017 Goel Enclave & Others.
M/s Applesoft Vs. The Chief Secretary
08/2017 The Chief Secretary to the
to the Government of Karnataka & Computer
05/05/2017 Government of Karnataka
others.
99/2016 Shri Vinod Kumar Gupta, Chartered
Private Individual Social Networking
01/06/2017 Accountant Vs. WhatsApp Inc.
18/2017 Bijay Poddar Vs. Coal India Limited &
Private Individual Coal
02/06/2017 Others
15/2017 Bablu & Company Vs. Fatehchand &
Food Food
09/06/2017 Company & Others
03/2017 Bharti Airtel Limited Vs. Reliance
Telecommunication Telecommunication
09/06/2017 Industries Limited & Other
Karnataka Power Corporation Limited
10/2017
Vs. The Singareni Collieries Company Power Coal
12/06/2017
Limited
98/2016 C. Shanmugam & Other Vs. Reliance
Private Individual Telecommunication
15/06/2017 Jio Infocomm Limited & Ors.
97/2016 K Sera Sera Digital Cinema Ltd. Vs.
Digital Cinema Digital Cinema
21/06/2017 Pen India Ltd. & Others
14/2017 Prem Prakash Vs Director General, Bureau of India
Private Individual
29/06/2017 Bureau of Indian Standards Standards
80/2016
XYZ Vs. Sanofi India Limited Confidential Medicine and Drugs
19/07/2017
16/2017 Mr. Sreedhar Reddy V. Vs. SJR
08/08/2017 Enterprises Pvt. Ltd. & Other
Capt. Deepak Shrikrishnarao Satam
37/2017 Private Individual Real Estate
Vs. Tata Housing Development Co. Ltd.
Flyash Based Bricks Manufacturers
& Promoters Association Vs. Chief
22/2017 Construction Construction
Secretary, Government of Uttar
Pradesh Sachivaliya & Others
34/2017 XYZ Vs. Hyundai Motor India Limited
Confidential Automobile
17/08/2017 & Other
23/2017 In Re: Kush Kalra Vs. Reserve Bank of
23/08/2017 India & Others
31/2017) Mrs. Nikunj Sisondia Vs.
Chairman and Managing Director,
31/2017 and
M/s Earth Infrastructure Ltd. &
33/2017 Private Individual Infrastructure
Other, (33/2017) Mrs. Rashmi Raj
24/08/2017
Vs. Chairman and Managing Director,
M/s Earth Infrastructure Ltd. & Others
Ref: Case No
Public Works Department Vs. Harman
01/2017 Public Works Engineering
International (India) Pvt. Ltd.
06/09/2017
Wing Commander Jai Kishan & Other
32/2017 Vs. The Chairman and Managing
Private Individual Infrastructure
06/09/2017 Director, M/s Concept Horizon Infra
Pvt. Ltd. & Other
VE Commercial Vehicles Limited Vs.
21/2017
Uttar Pradesh State Road Transport Automobile Transport
07/09/2017
Corporation
International Air Transport Association
29/2017
(IATA) Vs. Air Cargo Agents Association Aviation Aviation
12/09/2017
of India (ACAAI) & other.
51
41/2017 In re: Shri Rishi Keshwani Vs. M/s

28/09/2017 Kanti Traders
44/2017 Akhil R. Bhansali Vs. Skoda Auto India
03/10/2017 Pvt. Ltd. & Other
P. V. Basheer Ahamed Vs. Film
07/2017
Distributors Association (Kerala) & Private Individual Film
03/10/2017
Other
96/2016 In Re: Ms. Usha Roy Vs. ANS
04/10/2017 Developers Pvt. Ltd. & Other
In Re: Maharashtra Electrical
52/2017 Engineers Association Vs.
Electricity Real Estate
09/10/2017 Maharashtra Industrial Development
Corporation & Other.
20/2017 In Re: Tata Power Delhi Distribution
Power Power
12/10/2017 Limited Vs. NTPC Limited
Association of Registration Plates
58/2017
Manufacturers of India Vs. Shimnit Registration plates Registration plates
14/11/2017
UTSCH India Private Limited & Others
38/2017
R. Ramkumar Vs. Akshaya Private Ltd. Private Individual Real Estate
14/11/2017
(47/2017) Maj. Pankaj Rai Vs. NIIT
47/2017, 48/2017 Limited, (48/2017) Ms. Pankaj
and 49/2017 Gupta Vs. NIIT Limited, (49/2017) Computer Education Computer Education
28/11/2017 Shri Lakshmi Reddy Eddula Vs. NIIT
Limited
61/2017 Shri Vijay Menon Vs. Maharashtra
30/11/2017 State Power Generation Company Ltd.
74/2017 Shri C.P. Paul Vs. Kerala State
29/12/2017 Electricity Board Limited. & Other
57/2017
Mr. Arjun Vs. Vaicom 18 & Others Private Individual Entertainment
29/12/2017
64/2017 Mr. Indudhar M. Patil Vs. DS-Max
04/01/2018 Properties Private Limited
43/2017 Shri Arun Mishra Vs. State of U.P.
24/01/2018 through Chief Secretary & Others
66/2017 Asmi Metal Products Pvt Ltd. Vs. SKF
Metal Mechanical
24/01/2018 India Ltd
60/2017 Industries and Commerce Association
Hard coke Coal
06/02/2018 Vs. Coal India Limited & Others
75/2017 Prem Prakash Vs. Airport Authority of
Private Individual Aviation
27/02/2018 India & Other
(67/2017) Bharat Burman and
others Vs. Sri Ram Housing Finance
& Investment of India Ltd.(SRHFII),
Case No 67/2017,
(68/2017) Harsh Vardhan Vs.
68/2017, 69/2017,
(SRHFII)., (69/2017) Anuradha and
70/2017, 71/2017,
others Vs. (SRHFII), (70/2017) Man Private Individual Real Estate
72/2017 &,
Mohan Vs. (SRHFII). , (71/2017)
73/2017
Harsh Vardhan and others Vs.
27/02/2018
(SRHFII), (72/2017) Krishan Arora Vs.
(SRHFII) & (73/2017) Sangeeta Arora
and others Vs. (SRHFII)
76/2017 Ramachandran V. Vs. JSW Cements
Private Individual Cement
28/02/2018 Limited
52
65/2017 Sarv Prakash Developers Vs. Phantom

Real Estate Film
08/03/2018 Films & Others
09/2018 Shri Masood Raza Vs. Uttar Pradesh
11/05/2018 Avas Avam Vikas Parishad (UPAVP)
11/2018 In Re: Parsoli Motor Works Pvt. Ltd. Vs.
Automobile Automobile
30/05/2018 BMW India Private Limited & Other
03/2018 Shri Kshitiz Arya & other Vs.
Private Individual Entertainment
01/06/2018 Viacom18 Media Pvt. Ltd. & Others
08/2018 Mr. Jaideep Ugrankar Vs. Client
Private Individual Client Association
01/06/2018 Associates
14/2018 Shri Ashish Gupta Vs. Panchsheel
11/06/2018 Buildtech Private Limit & Other
13/2018 Singhal Industries Pvt. Ltd. Vs. Sparco
Polymer Products Polymer Products
19/06/2018 Multiplast Pvt. Ltd.
25/2017, 26/2017, Meru Travel Solutions Pvt. Ltd. Vs.
27/2017, 28/2017 M/s ANI Technologies Pvt. Ltd. & Taxi Service Taxi Service
20/06/2018 Others
05/2018 XYZ Vs. Indian Oil Corporation Ltd. &
Confidential Oil
04/07/2018 Others
02/2018 Maheswari Agro Products Vs. Tamil
Agriculture Agriculture
04/07/2018 Nadu Civil Supplies Corporation
Cambridge Residents Welfare
50/2017
Association & Others Vs. Merlin Welfare Association Real Estate
09/07/2018
Developers & Others
21/2018 Shri Rajendra Agarwal, Advocate Vs.
Private Individual Retail Market
30/07/2018 Shoppers Stop Limited
M. Kaja Peer Mohamed Vs. The
Principal Secretary, Social Welfare
18/2018
and Nutritious Meal Program Private Individual Healthcare
06/08/2018
Department, Government of Tamil
Nadu and other.
24/2018 Swarna Properties Vs. Vestas Wind
Real Estate Technology
07/08/2018 Technology India Private Limited.
55/2017 M/s Counfreedise Vs. Timex Group
Retail Manufacturing of Clocks
14/08/2018 India Limited
26/2018 Shri D.K. Srivastava Vs. UP Housing &
14/08/2018 Development Board
17/2018 Khemsons Agencies Vs. Mondelez
Food Food
27/08/2018 India Foods Private Limited
Central Organisation for Railway
05/2018
Electrification Vs. M/s PPS Railway Equipment Manufacturer
27/08/2018
International
28/2018 Mr. Prabhakar Pandey Vs. Nutricia
Private Individual Food and Beverage
28/08/2018 International Private Limited
Mr. G. P. Konar Vs. Department of
22/2018
Agriculture and Farmers Welfare, Agriculture Agriculture
30/08/2018
Government of Haryana
Dr. Sanjay Agarwal Vs. Public Works
12/2018
Department, Government of Uttar Private Individual Public Works
30/08/2018
Pradesh
27/2018
Shiju R Vs. Sunil Kumar V Private Individual Private Individual
11/09/2018
Mr. Milind Madhavrao Bhadane
31/2018
Vs. Mr. Viraj Lomate, Director Shree Private Individual Real Estate
18/09/2018
Yashashree Construction Pvt. Ltd.
53
Tamil Nadu Consumer Products

15/2018
Distributors Association Vs. Fangs FMCG Technology
04/10/2018
Technology Private Limited & Other
P. Sesharatnam W/o late Rama Rao
38/2018
& others Vs. Sudershan Reddy S/o Private Individual Private Individual
10/10/2018
Deva Reddy & others
23/2018 Mr. Ranjit Singh Gujral Vs. Vatika
16/10/2018 Limited & others
20/2018 All India Online Vendors Association All India Online Vendors
E commerce website
06/11/2018 Vs. Flipkart India Private Limited & ot Association
37/2018 Samir Agrawal Vs. ANI Technologies
Private Individual Taxi service
06/11/2018 Pvt. Ltd. & others
34/2018 In Re: M/s K.C. Marketing Vs. OPPO
Private Individual Mobile
08/11/2018 Mobiles MU Private Limited
36/2018 M. Venugopal Reddy Vs. Trans Union
Infrastructure Credit Information
08/11/2018 CIBIL Limited. & Other
10/2018 Bharat Sanchar Nigam Limited Vs.
Telecommunication Telecommunication
09/11/2018 M/s Indus Towers Limited
In Re: NLC India Limited Vs. M/s.
42/2018
Phoenix Conveyor Belt India ( P) Electricity Electricity
09/11/2018
Limited
Reprographics India Vs. Hitachi
41/2018 IT infrastructure IT infrastructure
Systems Micro Clinic Pvt. Ltd. & Anr.
33/2018 Kelvion India Private Limited Vs. Manufacturing of heat
Electricity
09/11/2018 Apollo Industrial Corporation & others exchangers
Cupid Limited Vs. Ministry of Health &
45/2018
Family Welfare Government of India & Pharmaceutical Healthcare
26/12/2018
Other Opposite Parties
Mr. Chirag S. Shastri & Others Vs.
06/2018
Indiabulls Housing Finance Limited & Private Individual Housing Finance
02/01/2019
other
Ref: Case No Chief Materials Manager/Sales,
06/2018 Eastern Railway Vs. M/s Laxven Railway Railway
02/01/2019 Systems & other
47/2018 Advocate Jitesh Maheshwari Vs.
Railway Security
07/01/2019 National Stock Exchange of India Ltd.
Mr. Habib Rajmohamad Patel Vs.
40/2018
Chairman/Secretary, Royal Western Private Individual Club
15/01/2019
Turf Club India Ltd.
29/2018 Mr. Vijay Gopal Vs. Inox Leisure Ltd. &
Private Individual Beverages
28/02/2019 Other
25/2018 Ravi Pal Vs. All India Sugar Trade
Private Individual Sugar
22/03/2019 Association (AISTA) & Anr.
Sun Electronics Private Limited Vs.
02/2019
ElecTek Solutions Private Limited. & Electronics Electronics
22/04/2019
others.
06/2019 Ms. Dejee Singh & Others. Vs. M/s
Private Individual Real estate
23/04/2019 SANA REALTORS PRIVATE LIMITED
13/2019 Shri Anil Rathi Vs. Oriental Insurance
Private Individual Insurance
10/05/2019 Company Limited
07/2019 Bablu & Company Vs. Fatehchand &
Agriculture Agriculture
10/05/2019 Company & Others.
43/2018 Mr. Kalyan Chowdhary Vs. Cipla
10/05/2019 Limited. & Other
54
48/2018 Oil Country Tubular Ltd. Vs.

Oil Oil
23/05/2019 Maharashtra Seamless Limited
44/2018 Mr. Kuntal Chowdhary Vs. Macleods
23/05/2019 Pharmaceuticals Limited. & Other
11/2019 Mr. Kanhaiya Singhal Vs. Indiabulls
Private Individual Housing Finance
24/05/2019 Housing Finance Limited & others
M/s Karni Communication Private
35/2018 Distributor of mobile Communication
Ltd. & Other Vs. Haicheng Vivo Mobile
19/06/2019 handsets Technology
(India) Private Ltd. & Others
Consumer Educational and Research
20/2019 Consumer Educational and
Society & Other Vs. Union of India, Railways
28/06/2019 Research Society
Ministry of Railways & Other
08/2019 M/s SOWiL Limited Vs. Bentley
Software Solutions Software Solutions
02/07/2019 Systems India Private Limited
10/2019 Unilazer Ventures Private Limited. Vs.
Film Theatre
24/07/2019 PVR Ltd & Others
Beach Mineral Producers Association
19/2019
and another vs. Directorate General Beach mineral DGFT
25/07/2019
of Foreign Trade (DGFT) and others
12/2019 Indian Chemical Council Vs. General
Chemical Insurance
26/07/2019 Insurance Corporation of India
03/2019 RKG Hospitalities Pvt. Ltd. Vs. Oravel
Hospitality Hospitality
31/07/2019 Stays Pvt. Ltd.
Mr. Ashok Kumar Vallabhaneni Vs.
17/2019
Geetha SP Entertainment LLP & Private Individual Entertainment
01/08/2019
Others
United Breweries Limited Vs. The Department of Excise,
Commissioner, Department of Entertainment and Luxury
22/2019
Excise, Entertainment and Luxury Beverages Tax, Government of
02/08/2019
Tax, Government of National Capital National Capital Territory
Territory of Delhi of Delhi
National Consumers Co-operative
National Consumers Co-
18/2019 Federation of India Limited Vs. New
operative Federation of Electricity
05/08/2019 Town Electric Supply Company Limited
India Limited
& Other
04/2019 Ashokbhai M. Mehta Vs. Gujarat State
Private Individual Education
07/08/2019 Board of School Textbook
26/2019 Suresh Chander Gupta Vs. Vatika
03/10/2019 Limited
15/2019 Sainath Autolinks Pvt. Ltd. Vs. State
Autolinks Banking
11/10/2019 Bank of India & other
25/2019 Ashok Suchde Vs. Pernod Ricard India
Liquor Liquor
16/10/2019 Private Limited
29/2019 Ms. Vijayachitra Kamalesh vs RCI
Private Individual Security
29/10/2019 India Private Limited
M/s Manjeet Plastic Industries vs
27/2019
Charanpaaduka Industries Private Plastic Shoe
01/11/2019
Limited and Others
23/2019 Satyen Narendra Bajaj Vs. PayU
E-payment E-payment
29/01/2020 Payments Private Limited & Others.
45/2019 Plasser India Pvt. Ltd.Vs. Harbour
Railway Railway
05/02/2020 Sales Pvt. Ltd. & Others
Assam Plywood Manufacturers
34/2019
Association Vs. Assam Petrochemicals Plywood Petrochemical
06/02/2020
Ltd.
55
42/2019 Mr. Makarand Anant Mhaskar Vs. USV

07/02/2020 Private Limited & Other
02/2020 Mr. Ambalal V. Patel Vs. Central
Private Individual Medical
10/02/2020 Medical Service Society & Others
Mr. Ajinder Singh Vs. Vodafone Idea
32/2019
Limited (formerly known as IDEA Private Individual Telecommunication
10/02/2020
Cellular Limited) & Others
CP Cell, Directorate General Ordnance
03/2019 Directorate General
Service Vs. M/s HP State Handicraft Handicraft and handloom
21/02/2020 Ordnance Service
& Handloom Corporation & Others
02/2019 CP Cell, Directorate General Ordnance Directorate General
Multiple industries
21/02/2020 Service Vs. M/s NCFD & Others Ordnance Service
CP Cell, Directorate General Ordnance
05/2019 Directorate General
Service Vs. M/s AVR Enterprises & Multiple Industries
21/02/2020 Ordnance Service
Other
37/2019 Abhiraj Associates Private Limited Vs.
Railway Railway
28/02/2020 Eastern Railways, Kolkata
M/s Venkateswara Agencies Vs.
38/2019
Kerala Agro Machinery Corporation Agriculture Agriculture
05/05/2020
Ltd.
Ved Prakash Tripathi Vs. Director
10/2020 Armed Forces and
General Armed Forces Medical Private Individual
06/05/2020 Medicine
Services & Others.
Travel Agents Association of India Department of
04/2020 Vs.Department of Expenditure, Expenditure, Ministry of
Travel
08/05/2020 Ministry of Finance, Government of Finance, Government of
India & Others India
28/2019 In Re: XYZ Vs. Directorate of State Directorate of State
Confidential
11/05/2020 Lotteries, West Bengal & Others. Lotteries, West Bengal
In Re: Accessories World Car Audio
03/2020
Private Limited Vs. Sony India Private Audio Audio
11/05/2020
Limited & Other
Multix Owners and Users Welfare
05/2020
Society Vs. Eicher Polaris Pvt. Ltd. & Automobile Automobile
11/05/2020
Others
44/2019 M/s RH Agro Private Limited Vs. State
Agriculture Banking
14/05/2020 Bank of India and others.
48/2019 In Re: Ms Lakshmi Sharma Vs. Punjab
22/05/2020 National Bank
39/2019 In Re: Ms Prachi Agarwal & Or. Vs.
Private Individual Food Delivery
19/06/2020 M/s Swiggy
13/2020 Sandeep Mishra Vs. National
Private Individual Highway authority
08/07/2020 highways authority of India
Prashant Properties Pvt. Limited
17/2020
Vs. SPS Steels Rolling Mills Ltd. and Private Individual Steel
08/07/2020
others
23/2020 Mr. Mainejer Prasad Gupta Vs. Bajaj
06/08/2020 Auto Ltd. & Others
15/2020 Harshita Chawla Vs. WhatsApp Inc.
Private Individual Social Networking
18/08/2020 and others
14/2020 SOWIL Limited Vs. Hexagon
Construction Construction
26/08/2020 Geosystems India Pvt. Ltd
22/2020 Devinder Sharma Vs. Ashiana
Private Individual Real estate
26/08/2020 Housing Ltd. & other.
56
24/2020 Dhiraj Gupta Vs. Delhi Metro Rail

Private Individual Railway
26/08/2020 Corporation Limited
27/2020 Mr. Vijay Chaudhry Vs. M/s India
07/09/2020 Yamaha Motor Private Limited
Lifestyle Equities C.V. and another
09/2020
Vs. Amazon Seller Services Private Retail Online website
11/09/2020
Limited and others
18/2020 XYZ Vs. Hindalco Industries Limited
Confidential Copper
08/10/2020 And Another
57
Annexure B-3
Orders under Section 26 (6) of the Act directing further

investigation
Industry Sector in
Industry Sector
Case No./ Date which the Informant/
Case name in which OP1 Outcome
of Decision complain-ant was
was engaged
engaged
M/s Magnus Graphics
65/2013
vs M/s Nilpeter India Pvt. Label printing Printing machines Matter dismissed.
02/12/2014
Ltd. & Ors.
Financial Software and Contravention of 4(2)(a)(ii),
Systems Private Limited 4(2)(b)(i), 4(2)(b)(ii), 4(2)(c),
52/2013 Financial transaction Software
vs M/s ACI Worldwide 4(2)(d) and 4(2)(e) penalty
13/01/2015 processing developer
Solutions Private Limited on ACI at the rate of 5% of
& Ors. its average turnover.
M/s Saint Gobain Glass
No case of contravention of
20/2013 India Limited vs M/s Distribution of
Manufacture glass section 4 made out. Matter
23/04/2015 Gujarat Gas Company Natural Gas
is ordered to be closed.
Limited.
No case of contravention
Builders Association of
42/2013 Construction of section 3 & 4 made out.
India (Kerala Chapter) vs Govt. of Kerala
12/05/2015 machinery Matter is ordered to be
The State of Kerala & Ors.
closed.
The Air Cargo Agents
79/2012 Association of India vs
Aviation Aviation Matter disposed of.
04/06/2015 International Air Transport
Association (IATA) & other
Chief Materials Manager -
Ref: 02/2014 I vs M/s Milton Industries Railway Railway Matter dismissed.
Ltd. & Othrs
100/2013 Shri Sharad
Kumar Jhunjunwala vs
Union of India & Others,
100/2013,
49/2014 Shri Ismail
49/2014 and Contravention of Sec 4(2)
Zabiulla vs Union of India, Private Individuals Railways
89/2014 (a)(ii) and Sec 4(2)(b)(ii)
Ministry of Railways
10/08/2015
&Others,89/2014 Shri
Yaseen Basha vs Union of
India & Others
In Re: Deputy Chief
Materials Manager,Rail
06/2013
Coach Factory Vs. M/s Railways Transport Matter dismissed.
08/09/2015
Faiveley Transport India
Limited & Others
58
72/2011 - Sunil Bansal

& Others vs M/s
Jaiprakash Associates
Ltd. & Others, 16/2012
- Shri Deepak Kapoor
vs M/s Jaiprakash
72/2011 Associates Ltd. & Others, Contravention of the
16/2012, 34/2012 - Shri Tarsem provisions of the Act.
34/2012, Chand & Other vs M/s Multiple The OP group is directed to
Private Individuals
53/2012 Jaiprakash Associates Industries pay a penalty of Rs 665.94
and45/2013 Ltd. & Others, 53/2012 crores.
26/10/2015 - Shri Sanjay Bhargava
& Others vs M/s
Jaiprakash Associates
Ltd. & Others, 45/2013
- Shri Raghuvinder Singh
vs M/s Jaiprakash
Associates Ltd. & Others.
M/s Royal Agency vs.
63/2013 Chemists & Druggists Distributor of drugs
Pharmaceutical Directed to pay penalty
27/10/2015 Association, Goa & and medicines
Others
Association of Third Party
107/2013 Administrators vs General Association of Third
Insurance No case of contravention.
04/01/2016 Insurers’ (Public Sector) Party Administrators
Association of India
Prasar Bharati
(Broadcasting
70/2012
Corporation of India) Vs Broadcasting Environment Matter disposed of.
25/02/2016
TAM Media Research
Private Limited
XYZ Vs. REC Power Power
33/2014 Confidential No case of contravention.
Distribution Company Ltd. Distribution
Ref: Case No Shri Vijay Bishnoi Vs M/s
Supplier of No case of contravention.
08/2014 Responsive Industries Railway
Railway Products Matter closed.
21/09/2016 Ltd. & Others
Vidharbha Industries
12/2014 Association Vs. MSEB No case of contravention.
Trade Association Electric Power
21/04/2017 Holding Company Ltd. & Matter closed.
others
(6 of 2015) Fast Track
Call Cab Pvt. Ltd. Vs. ANI
6 and 74 of
Technologies Pvt. Ltd. (74 No case of contravention.
2015 Radio Taxi Radio Taxi
of 2015) Meru Travel Matter closed.
19/07/2017
Solutions Pvt. Ltd. Vs. ANI
Technologies Pvt. Ltd.
Dwarikesh Sugar
47/2014 Industries Limited Vs.
Sugar Liquor No case of contravention.
29/12/2017 Wave Distilleries &
Breweries Ltd. & Others
India Glycols Ltd. Vs.
94/2014
Indian Sugar Mills Chemical Sugar No case of contravention.
11/05/2018
Association & others
59
Shri Rajat Verma Vs.

Public Works (B&R)
70/2014 Private Individual Public Works No case of contravention.
Department Government
of Haryana & others
84 of 2014 Vijay Kapoor Vs. DLF
Private Individual Real Estate No case of contravention.
31/08/2018 Limited & Other
73 of 2014 Amit Mittal Vs. DLF
Private Individual Real Estate No case of contravention.
31/08/2018 Limited & Other
Jasper lnfotech Private
61/2014 Limited (Snapdeal) Vs.
E-commerce Home Appliances No case of contravention.
15/01/2019 KAFF Appliances (India)
Pvt. Ltd. (Kaff)
Indian National
Shipowners’ Association
01/2018
(INSA) Vs. Oil and Natural Marine Natural Gas Matter closed.
02/08/2019
Gas Corporation Limited
(ONGC)
InPhase Power
12/2016 Technologies Private Manufacturer under Power and No case of contravention.
31/01/2020 Limited Vs. ABB India various industries Automation Matter closed.
Limited
Mr. Meet Shah & Other
30/2018 Vs. Union of India, No case of contravention.
Private Individuals Railways
03/02/2020 Ministry of Railways & Matter closed.
Other
Indian Laminate
61/2016 Manufacturers Manufacturer of Multiple No case of contravention.
08/10/2020 Association Vs. Sachin laminate sheets Industries Matter closed.
Chemicals & Others
60
Annexure B-4
Orders under Section 27 of the Act holding conduct of

opposite party in violation of the Act
Industry Sector in
Industry Sector in
Case No./ Date of which the Informant/
Case name which OP1 was Outcome
Decision complain-ant was
engaged
engaged
Indian Sugar Mills
Violation of section 4
38/2011 Association & Ors.
Sugar Textile &3 and penalty was
31/10/2014 vs Indian Jute Mills
imposed
Association & Ors.
M/s Cinemax India
Limited (now known Violation of section
62/2012 Media and
as M/s PVR Ltd.) vs Exhibition of films 3 and penalty was
23/12/2014 Entertainment
M/s Film Distributors imposed
Association (Kerala)
Shri P.V. Basheer
Violation of section
32/2013 Ahamed vs M/s Media and
Private Individual 3 and penalty was
23/12/2014 Film Distributors Entertainment
imposed
Association, Kerala
M/s Swastik
Stevedores Private Violation of section
42/2012
Limited vs M/s Cargo Transportation Manufacturing 3 and penalty was
21/01/2015
Dumper Owner's imposed
Association & Ors.
M/s Rohit Medical
78/2012 Store vs Macleods
Pharmaceutical Pharmaceutical 3 and penalty was
29/01/2015 Pharmaceutical
imposed
Limited & Ors.
Request of the
applicant is
misconceived in as
Shri Jyoti Swaroop
much as the Opposite
59/2011 Arora vs M/s Tulip
Town & Country Party has got sufficient
03/02/2015 Infratech Ltd. & Ors. Private Individual
Planning opportunity to meet
26/02/2015 Order under section
the allegations and
38
findings of the DG. The
request is accordingly
decline
M/s Shivam
Enterprises vs
Violation of section 3
43/2013 Kiratpur Sahib Truck
Transport Transport & 4 and penalty was
04/02/2015 Operators Co-
imposed
operative Transport
Society Limited & Ors.
M/s GHCL Limited Violation of section 4
08/2014
vs M/s Coal India Soda Ash Coal and no penalty was
16/02/2015
Limited & Ors. imposed
61
Indian Foundation of
Transport Research Violation of section 3,
61/2012 All India Motor
& Training vs Sh. Transport/ Automotive cease activities and
16/02/2015 Transport Congress
Bal Malkait Singh, penalty was imposed
President and Ors.
M/s Atos Worldline
4, Order to cease
56/2012 India Pvt. Ltd. vs M/s Information Electronic Payment
and desist from such
10/04/2015 Verifone India Sales Technology Services Technologies
activities and penalty
Pvt. Ltd. and Ors.
was imposed
M/s Three D
Electronic Ticketing Violation of section 4,
13/2013 Integrated Solutions
Video Broadcasting Machines cease activities and
10/04/2015 Ltd. vs M/s VeriFone
Manufacturer penalty was imposed
India Sales Pvt. Ltd.
Mr. Pankaj Aggarwal
(13/2010), Mr.
Sachin Aggarwal
13 & 21/2010 & 4 and no financial
(21/2010) & Mr. Anil
55/2012 Private Individual Real Estate penalty was imposed
Kumar (55/2012) vs
12/05/2015 but cease and desist
DLF Gurgaon Home
orders were passed.
Developers Private
Limited
Violation of Section
M/s Bio-Med Private
26/2013 3(3)(d) read with
Limited vs Union of Medical Pharmaceutical
04/06/2015 Section 3(1) and
India & others
penalty was imposed.
Kerala Cine Exhibitors
Association vs Kerala Violation of Section
45/2012
Film Exhibitors Cinema Owner Cinema 3 and penalty was
23/06/2015
Federation and imposed.
Others
Violation of sections
In Re: Shri Shamsher
3(4)(b), 3(4)(c), 3(4)
03/2011 Kataria vs Honda
Private Individual Automobile (d), 4(2)(a)(i), 4(2)(c)
27/07/2015 Siel Cars India Ltd. &
and 4(2)(e). Penalty
Others.
was imposed.
Kannada Grahakara
Koota Shri Ganesh Violation of section
58/2012 Chetan vs Karnataka Trade Associations for 3(1) read with section
Private Individuals
27/07/2015 Film Chamber of films and TV 3(3)(b) and penalty
Commerce (KFCC) & was imposed.
Others.
In Re:M/s. Crown Violation of section
16/2014 Theatre vs Kerala Film 3(1) read with section
Theatre Film
08/09/2015 Exhibitors Federation 3(3)(b) and penalty
(KFEF) was imposed.
Shri Ghanshyam Das Sale of ayurvedic Violation of section
68/2013
Vij Vs. M/s Bajaj Corp. Private Individual products and 3(1) read with section
12/10/2015
Ltd. & Others medicines 3(3)(b) & (c)
Express Industry
30/2013 Council of India Vs. Express Industry
Aviation 3(1) read with Section
17/11/2015 Jet Airways (India) Ltd. Council of India
3(3)
& Others.
62
Mr. P. K. Krishnan
Proprietor, Vinayaka
Pharma vs Mr. Paul Violation of Section
28/2014
Madavana, Divisional Pharmaceutical Pharmaceutical 3 and 4. Penalty was
01/12/2015
Sales Manager, M/s imposed
Alkem Laboratories
Limited. & Others
M/s Maruti &
Company Vs Violation of Section
71/2013
Karnataka Chemists Private Individual Medicine and Drugs 3 and 4. Penalty was
28/07/2016
& Druggists imposed
Association & Others
Builders Association
29 of 2010 of India vs Cement
Builders Association Cement Penalty was imposed
31/08/2016 Manufacturers'
Association & Ors.
Shri Ashutosh
Bhardwaj Vs M/s.
01/2014 and
DLF Limited & Others, Violation of Section 4.
93/2015 Private Individual Real Estate
M/s. Shri Lalit Babu & Penalty was imposed
04/01/2017
Ors.Vs DLF Limited &
Others
Director, Supplies & Violation of Section
Ref. Case No. 05 of
Disposals, Haryana 3(3)(d) read with
2013 Central Agency Cement
vs Shree Cement Section 3(1). Penalty
19/01/2017
Limited & Ors. was imposed
The Belgaum District
C-175/09/ Chemists and Violation of Section
DGIR/27/28-MRTP Druggists Association Chemists and Drugs Pharmaceutical 3(1) read with Section
02/03/2017 Vs. Abbott India Ltd. & 3(3)
Others
(03/2012)
Maharashtra State
Power Generation
Company Ltd.
Vs. Mahanadi
Coalfields Ltd. &
other, (11/2012)
Maharashtra State Violation of Section
03, 11 and 59/2012
Power Generation Power Generation Coal 4(2)(a)(i). Penalty
24/03/2017
Company Ltd. Vs. imposed.
Western Coalfields
Ltd. & other,
(59/2012) Gujarat
State Electricity
Corporation Limited
Vs. South Eastern
Coalfields Ltd. & other
Shri T. G. Vinayakumar
(also known
98/2014 as Vinayan) Vs. Violation of Section 3.
Private Individual Film
24/03/2017 Association of Penalty was imposed.
Malayalam Movie
Artists & others.
63
GHCL Limited Vs. Violation of Section

08/2014 Manufacture of soda
Coal India Limited & Coal 4(2)(a)(i). Penalty was
21/04/2017 ash
others. imposed
(05/2013) Madhya
Pradesh Power
Generating Company
Limited. Vs. South
Eastern Coalfields Ltd.
& others, (07/2013)
Madhya Pradesh
Power Generating
Company Limited
05, 07, 37, and Vs. South Eastern Violation of Section
44/2013 Coalfields Ltd. & Power Generation Coal 4(2)(a)(i). Penalty was
21/04/2017 others, (37/2013) imposed
West Bengal Power
Development
Corporation Ltd.
Vs. Coal India
Ltd. & others,
(44/2013) Sponge
Iron Manufactures
Association Vs. Coal
India Limited & others
Fx Enterprise
Solutions India Pvt.
Ltd. Vs. Hyundai
3(4)(e) read with
Motor India Limited
36 and 82/2014 Section 3(1) and 3(4)
(36/2014) St. Automobile Automobile
14/06/2017 (a) read with Section
Antony’s Cars Pvt.
3(1). Penalty was
Ltd. Vs. Hyundai
imposed.
Motor India Limited
(82/2014)
Cochin Port Trust
Ref. Case No Vs. Container Trailer Violation of Section
Port Trust Cargo Terminal
06/2014 Owners Coordination 48 (1)
Committee & Others
Western Coalfields
34/2015 Limited Vs. SSV
Coal Coal 3 (3) (d) read with
14/09/2017 Coal Carriers Private
Section 3 (1)
Limited & others
(Ref. Case No.
03/2013) Delhi Jal
Board Vs. Grasim
Ref. Case Nos. 03 Industries Ltd. &
No case of
and 04/2013 others (Ref. Case Chemical Water Supply
contravention.
05/10/2017 No. 04/2013) Delhi
Jal Board Vs. Grasim
Industries Ltd. &
others
Sudeep P.M.&
54 of 2015 others Vs. All Kerala Violation of Section 3.
Private Individual Chemical and Drug
31/10/2017 Chemists and Penalty was imposed.
Druggists Association
64
Shri Vipul A. Shah

Vs. All India Violation of Section
19 of 2014
Film Employee Private Individual Film 3 (3) (a) read with
31/10/2017
Confederation & Section 3 (1)
Others
Surinder Singh Barmi
61/2010 Vs. The Board of Board of Control for
Private Individual 4(2)(c) read with
29/11/2017 Control for Cricket in Cricket in India
Section 4(1)
India
Reliance Agency Violation of Section
97/2013 Vs. Chemists and 3 (3) (b) read with
04/01/2018 Druggists Association Section 3 (1). Penalty
of Baroda & Others was imposed
Surendra Prasad Vs.
61/2013 Maharashtra State Case disposed of as
Private Individual Power Generation
10/01/2018 Power Generation Co. not pressed
Ltd. & Others
(07/2012) Matrimony.
com Limited Vs.
Google LLC & Others
07 and 30/2012 No case of
(30/2012) Consumer Marriage Internet Services
31/01/2018 contravention.
Unity & Trust Society
(CUTS) Vs. Google LLC
& Others
Shri Satyendra Violation of Section
86/2016 Singh Vs. Ghaziabad 4(2)(a)(i) read with
28/02/2018 Development Section 4(1). Penalty
Authority (GDA) was imposed.
Express Industry Violation of Section
30/2013 Council of India Vs. Express Industry 3 (3) (a) read with
Aviation
07/03/2018 Jet Airways (India) Ltd. Council of India Section 3 (1). Penalty
& Others was imposed
Nagrik Chetna Manch
50/2015 Violation of Section 3.
Vs. Fortified Security Private Individual Security Solutions
01/05/2018 Penalty was imposed.
Solutions & Others
East India Petroleum
Pvt. Ltd. (EIPL) Vs.
South Asia LPG Petroleum Petroleum
Company Pvt. Ltd.
(SALPG)
Hemant Sharma &
79/2011 Others Vs. All India
Private Individuals Sports 3 and 4. Penalty was
12/07/2018 Chess Federation
imposed
(AICF)
65
(65/2014) M/s. Alis

Medical Agency
Vs Federation
of Gujarat State
Chemists & Druggists
Associations & Others,
(71/2014) M/s.
Stockwell Pharma
Vs. Federation
of Gujarat State
65/2014, 71/2014, Chemists & Druggists
72/2014 & Associations & No case of
68/2015 Others, (72/2014) contravention.
12/07/2018 M/s. Apna Dawa
Bazar Vs. Federation
of Gujarat State
Associations & Others,
(68/2015) M/s.
Reliance Medical
Agency Vs. The
Association of Baroda
& Others.
Mr. G. Krishnamurthy
Vs. Karnataka
Film Chamber of Private Individual Film
Commerce (KFCC) &
Others
21/2013) India
Glycols Limited Vs.
Indian Sugar Mills
Association & Ors.
(29/2013) Ester India
Chemicals Limited
Vs. Bajaj Hindusthan
Limited & Ors.
(36/2013) Jubilant
Life Sciences Limited
Vs. Bharat Petroleum Violated the provisions
21, 29, 36, 47, 48 & Corporation Limited of Section 3(3)(a),
49/2013 & Ors. (47/2013) Oil Manufacturing Multiple Industries 3(3)(b) read with
18/09/2018 A B Sugars Limited Section 3(1). Penalty
Vs. Indian Sugar was imposed
Mills Association
& Ors. (48/2013)
Wave Distilleries and
Breweries Limited Vs.
Indian Sugar Mills
Association & Ors.
(49/2013) Lords
Distillery Limited Vs.
Indian Sugar Mills
Association & Ors.
House of Diagnostics
09/2016 No case of
LLP Vs. Esaote S.p.A Medical Diagnostics Medical Diagnostics
27/09/2018 contravention.
& other
66
Vedanta Bio
Sciences, Vadodara Violation of section 3
c-87/2009/DGIR
Vs. Chemists and Bio Sciences Pharmaceutical and 4. No penalty was
15/01/2019
Druggists Association imposed.
of Baroda
Madhya Pradesh
Chemists and
Distributors
64/2014 Federation (MPCDF) Violation of Section 3.
03/06/2019 Vs. Madhya Pradesh Penalty was imposed
Chemists and
Druggist Association
(MPCDA) & Others
Mr. Nadie Jauhri Violation of Section
61/2015 Vs. Jalgaon District 3(3)(b) read with
20/06/2019 Medicine Dealers Section 3(1). Penalty
Association (JDMDA) was imposed.
Nagrik Chetna Violation of Section
12/2017 Manch Vs. SAAR IT 3(3)(d) read with
Private Individual Multiple Industries
02/08/2019 Resources Private Section 3(1). Penalty
Limited & Others. was imposed.
Naveen Kataria Vs. Violation of Section
99/2014
Jaiprakash Associates Private Individual Real Estate 4(2)(a)(i). Penalty was
09/08/2019
Limited imposed.
Shri Suprabhat
Roy, Proprietor, M/s
Suman Distributors
Vs. Shri Saiful
Islam Biswas,
District Secretary
of Murshidabad
District Committee
of Bengal Chemists
and Druggists
Association & Others,
Shri Sankar Saha,
Branch Secretary,
36/2015, 31/2016
Pharmaceuticals
& 58/2016 Private Individual Medicine Violation of Section 3.
Traders Welfare
12/03/2020
Association of Bengal
Vs. Shri Hitesh Mehta,
Depot Manager of
Alkem Laboratories
Limited & Others,
Shri Joy Deb Das,
Proprietor, M/s Maa
Tara Medical Agency
Vs. Shri Rajeev
Mishra, authorised
signatory of Macleods
Pharmaceuticals Ltd
& Ors
XYZ Vs. Association Violation of Sections
62/2016 of Man Made Fibre 4(2)(a)(ii), 4(2)(d) read
Fibre Fibre
16/03/2020 Industry of India & with 4(1). Penalty was
Others imposed.
67
Ref.Case
No.03/2016 (Chief
Materials Manager,
South Eastern Railway
v/s Hindustan
Composites Ltd. &
ors.), Ref. Case No.
05/2016 (Controller
of Stores, Central
Railways v/s BIC Auto
Pvt. Ltd. & ors.), Ref.
Ref. Case No.
Case No. 01/2018 Violation of Section 3
03/2016, 05/2016,
(Chief Materials (3) (a), 3 (3) (c) and
01/2018, 04/2018 Railway Multiple Industries
Manager, Eastern 3 (3) (d) read with
& 08/2018
Railways v/s BIC Auto Section 3 (1).
10/07/2020
Pvt. Ltd. & ors.),Ref
Case No.04/2018
(Chief Materials
Manager – I, North
Western Railways v/s
BIC Auto Pvt. Ltd. &
ors.) and Ref. Case
No.08/2018 (Chief
Materials Manager –
Sales v/s Rane Brake
Lining Ltd. & anr.)
68
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Model Case Study
Strategic, Legal and Regulatory Legal, Regulatory and Tax Overview
Considerations*
Case Study
June 2020
May 2020 May 2020
© Copyright 2020 Nishith Desai Associates www.nishithdesai.com

June 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com
May 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com
May 2020
Privacy & Data: 3D Printing: Ctrl+P Dispute Resolution

M U M BA I S I L I C O N VA L L E Y BA N G A LO RE S I N G A P O RE M U M BA I B KC NEW DELHI MUNICH N E W YO RK
India’s Turn to MUMBA I S ILIC ON VA LLE Y BA N G A LORE S IN G A P ORE M U M BA I B KC NE W D EL H I M U NI C H NE W YO RK
the Future M U M BA I S I L I C O N VA L L E Y BA N G A LO RE S I N G A P O RE M U M BA I B KC NEW DELHI MUNICH N E W YO RK
in India
Bat on the World
Privacy & Data:
Stage 3D Printing: Dispute Resolution
India’s Turn to Bat Ctrl+P the Future in India
on the World Stage A Multi-Industry Strategic,
Legal, Tax & Ethical Analysis An Introduction
Legal, Ethical and Tax
Considerations April 2020
April 2020
May 2020

May 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com
April 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com
April 2020
Construction Digital Health Introduction to

MU MBA I S ILIC ON VA LLE Y BA N G A LORE S IN G A P ORE MU MBA I BKC NE W DE LH I MU NIC H NE W YORK
Disputes in India MUMBA I S ILIC ON VA LLE Y BA N G A LORE S IN G A P ORE M U M BA I B KC NE W D EL H I M U NI C H NE W YO RK
in India MU MBAI SIL IC ON VAL L E Y BAN G ALORE SIN G AP ORE MU MBAI BKC N E W D EL H I MU N IC H N E W YORK
Cross-Border
Insolvency
Construction Disputes Digital Health Introduction to
in India in India Cross-Border
Legal, Regulatory and Tax Insolvency
Overview
April 2020
April 2020
April 2020

April 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com
April 2020 © Copyright 2020 Nishith Desai Associates www.nishithdesai.com April 2020
NDA Insights
TITLE TYPE DATE
Delhi Tribunal: Hitachi Singapore’s Liaison Office in India is a Permanent Tax November 2019
Establishment, Scope of Exclusion Under Singapore Treaty Restrictive
CBDT issues clarification around availment of additional depreciation Tax October 2019
and MAT credit for companies availing lower rate of tax
Bombay High Court quashes 197 order rejecting Mauritius tax treaty benefits Tax May 2019
Investment Arbitration & India – 2019 Year in review Dispute January2020

Changing landscape of confidentiality in international arbitration Dispute January2020
The Arbitration and Conciliation Amendment Act, 2019 – A new dawn or Dispute January2020
sinking into a morass?
Why, how, and to what extent AI could enter the decision-making boardroom? TMT January2020
Privacy in India - Wheels in motion for an epic 2020 TMT December 2019
Court orders Global Take Down of Content Uploaded from India TMT November 2019
Graveyard Shift in India: Employers in Bangalore / Karnataka Permitted to HR December 2019
Engage Women Employees at Night in Factories
India’s Provident Fund law: proposed amendments and new circular helps HR August 2019
employers see light at the tunnel’s end
Crèche Facility By Employers in India: Rules Notified for Bangalore HR August 2019
Pharma Year-End Wrap: Signs of exciting times ahead? Pharma December 2019
Medical Device Revamp: Regulatory Pathway or Regulatory Maze? Pharma November 2019
Prohibition of E-Cigarettes: End of ENDS? Pharma September 2019
70
Research @ NDA
Research is the DNA of NDA. In early 1980s, our firm emerged from an extensive, and then pioneering, research
by Nishith M. Desai on the taxation of cross-border transactions. The research book written by him provided the
foundation for our international tax practice. Since then, we have relied upon research to be the cornerstone of our
practice development. Today, research is fully ingrained in the firm’s culture.
Our dedication to research has been instrumental in creating thought leadership in various areas of law and pub-
lic policy. Through research, we develop intellectual capital and leverage it actively for both our clients and the
development of our associates. We use research to discover new thinking, approaches, skills and reflections on ju-
risprudence, and ultimately deliver superior value to our clients. Over time, we have embedded a culture and built
processes of learning through research that give us a robust edge in providing best quality advices and services to
our clients, to our fraternity and to the community at large.
Every member of the firm is required to participate in research activities. The seeds of research are typically sown
in hour-long continuing education sessions conducted every day as the first thing in the morning. Free interac-
tions in these sessions help associates identify new legal, regulatory, technological and business trends that require
intellectual investigation from the legal and tax perspectives. Then, one or few associates take up an emerging
trend or issue under the guidance of seniors and put it through our “Anticipate-Prepare-Deliver” research model.
As the first step, they would conduct a capsule research, which involves a quick analysis of readily available
secondary data. Often such basic research provides valuable insights and creates broader understanding of the
issue for the involved associates, who in turn would disseminate it to other associates through tacit and explicit
knowledge exchange processes. For us, knowledge sharing is as important an attribute as knowledge acquisition.
When the issue requires further investigation, we develop an extensive research paper. Often we collect our own
primary data when we feel the issue demands going deep to the root or when we find gaps in secondary data. In
some cases, we have even taken up multi-year research projects to investigate every aspect of the topic and build
unparallel mastery. Our TMT practice, IP practice, Pharma & Healthcare/Med-Tech and Medical Device, practice
and energy sector practice have emerged from such projects. Research in essence graduates to Knowledge, and
finally to Intellectual Property.
Over the years, we have produced some outstanding research papers, articles, webinars and talks. Almost on daily
basis, we analyze and offer our perspective on latest legal developments through our regular “Hotlines”, which go
out to our clients and fraternity. These Hotlines provide immediate awareness and quick reference, and have been
eagerly received. We also provide expanded commentary on issues through detailed articles for publication in
newspapers and periodicals for dissemination to wider audience. Our Lab Reports dissect and analyze a published,
distinctive legal transaction using multiple lenses and offer various perspectives, including some even overlooked
by the executors of the transaction. We regularly write extensive research articles and disseminate them through
our website. Our research has also contributed to public policy discourse, helped state and central governments in
drafting statutes, and provided regulators with much needed comparative research for rule making. Our discours-
es on Taxation of eCommerce, Arbitration, and Direct Tax Code have been widely acknowledged. Although we
invest heavily in terms of time and expenses in our research activities, we are happy to provide unlimited access to
our research to our clients and the community for greater good.
As we continue to grow through our research-based approach, we now have established an exclusive four-acre,
state-of-the-art research center, just a 45-minute ferry ride from Mumbai but in the middle of verdant hills of reclu-
sive Alibaug-Raigadh district. Imaginarium AliGunjan is a platform for creative thinking; an apolitical eco-sys-
tem that connects multi-disciplinary threads of ideas, innovation and imagination. Designed to inspire ‘blue sky’
thinking, research, exploration and synthesis, reflections and communication, it aims to bring in wholeness – that
leads to answers to the biggest challenges of our time and beyond. It seeks to be a bridge that connects the futuris-
tic advancements of diverse disciplines. It offers a space, both virtually and literally, for integration and synthesis
of knowhow and innovation from various streams and serves as a dais to internationally renowned professionals
to share their expertise and experience with our associates and select clients.
We would love to hear your suggestions on our research reports. Please feel free to contact us at
[email protected]
71
Competiton law in India
ww w.nishithde s a i.com [email protected]
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© Nishith Desai Associates 2020

© Nishith Desai Associates 2020

§ Who’s Who Legal 2019:

§ Merger Market 2018: Fastest growing M&A Law Firm in India

© Nishith Desai Associates 2020

© Nishith Desai Associates 2020

I. Examination at the stage of Section 26 (1) 04

I. Examination at the stage of Section 26 (1) 08

4. PROCEDURAL CONSIDERATIONS IN BEHAVIORAL CASES 10

5. MERGER CONTROL REVIEW 16

I. Overview of the merger control regime under the Competition Act 16

© Nishith Desai Associates 2020

6. RISK MITIGATION STRATEGIES BASED ON JURISPRUDENTIAL TRENDS 21

Summaries of Cases discussed in the Report 26

Orders under Section 26 (1) of the Act Directing Investigation by DG 38

Orders under Section 26 (6) of the Act directing further investigation 58

Orders under Section 27 of the Act holding conduct of opposite party in

© Nishith Desai Associates 2020

v. improvements in production or distribution of § Indulge in bid-rigging or collusive bidding.

order under Section 26 to show an adverse effect on competition, then, the

iii. national procurement policies;

ii. price of goods or service

The Act defines the relevant market as ‘with the

I. Examination at the operators as opposed to their competitors. However,

39. Case No.20 of 2017, Tata Power Delhi Distribution v. Competition

and 27 proved that Google abused its dominant position in

4. Procedural Considerations in Behavioral

c. Ordinarily, the DG reaches out to the parties

communication seeking information also h. The onus is on the parties to conduct an

e. The parties can use the communication from V. Post DG Investigation

PROCEDURAL CHART: Section 3 and 4

VI. Special Investigative included 3 cases of bid-rigging in tenders issued by a

cartels only applicant to furnish complete information as

may also disclose the evidence for the limited

As part of its investigatory powers, the DG can obtain

57. Regulation 6 of the Leniency Regulations.

Stay orders are granted subject to deposit of part of

64. Section 53T of the Act.

5. Merger Control Review

Person/ Enterprise In USD (1 USD= INR 65) In USD

Note that the term ‘Group’ has been defined under

III. Exemptions b. There is no transition from joint to sole

IV. Statutory Exemptions a particular location or for a particular product

65. Sections 6(4) and 6(5) of the Competition Act.

V. Target Based Exemption combination is notified (Phase I review period). If

If the CCI at the end of the 30 working days clock,

XIII. Assignment of case XIV. Consequences for

6. Risk mitigation strategies based on

76. In Re: Cartelisation by broadcasting service providers by rigging

company’s market power by the company in its red

VII. Dual role of regulator

competitors experience of handling prosecution matters. The

Summaries of Cases discussed in the Report

Limited (Snapdeal) v. restraint under Section 3(4)(e) of the Act.

With respect to allegations concerning identical

Restaurant Associations to the imposition of an unfair pricing condition

The Supreme Court observed that Uber India was