I thank my friend and senior, Sahithya Murali, for meaningful suggestions on a draft of this blog.   I.                   Introduction The car spare-parts market in India is a closed one, because car manufacturers mandate that the authorized dealers source their spare parts only from the Original Equipment Manufacturers (OEMs) or the approved vendors, and the…

As part of any antitrust/competition analysis, one pertinent question that arises is the decision whether there is a single market that includes both, the equipment and its complimentary products and services, or separate markets, ergo, “primary market” for equipment and one or more “aftermarkets” or “secondary markets” for complementary products or services supplied by both…

India’s competition authority (the CCI) imposed a record-breaking fine of US$750,000 (50 million rupees) on General Electric (GE) earlier this year for failing to notify its tie-up with Alstom S.A. within the deadline required by the country’s merger control rules. The CCI is increasingly active in enforcing its merger regime. Since GE’s case, the CCI…

In its decision passed on 30 March 2016, the Delhi High Court upheld the order passed by the Competition Commission of India (CCI) directing an investigation into the allegations of abuse of dominance against Telefonaktiebolaget LM Ericsson (Ericsson) with respect to its actions as a Standard Essential Patent (SEP) holder. The present decision sets the…

The Competition Commission of India (CCI) has recently launched investigations in relation to RPM in two sectors: the e-commerce sector (Jasper Infotech Private Limited and Kaff Appliances, Case No 61 of 2014) and the automobile sector (F/X Enterprise and Hyundai, Case No 36 of 2014). This is the first time where CCI will consider the…

In its order passed on 5th August, 2014 the Indian Competition Appellate Tribunal upheld the decision given by the Competition Commission of India (CCI) holding the National Stock Exchange of India Ltd. (NSE) guilty of abusing its dominant position in the market for currency derivatives (“CD”) and imposing a penalty of INR 55 crore. The…