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Commitment Orders under Section 48A: Settlement or Strategic Evasion?
Section 48A brings a much-needed flexibility in India's competition law regime. However, such flexibility cannot be left unconstrained. In its current form, the commitment mechanism threatens to undermine the deterrent effect of the commitment mechanism and retard the development of antitrust jurisprudence.
Chetan Kumar, Naliny
May 305 min read
The Remedial Paradox in CCI v. WhatsApp: Losing on Leveraging May Produce Better Digital Competition Enforcement
NCLAT’s split outcome has paradoxically created a perpetual framework for WhatsApp that could prove to be more durable and effective than the CCI’s original prescription.
Pranshu
May 266 min read
CCI Jurisdiction Unaffected by Sectoral Regulation: The JioStar Case
The Kerala High Court's judgment, affirmed at the SLP stage, establishes that sectoral regulation does not displace CCI jurisdiction and that the Bharti Airtel sequential model is confined to cases where a sector regulator's prior determination is a necessary input to the competition analysis.
Saksham Sethi
May 246 min read
When Rescue Becomes Regulatory Trap: The Case for Distress Carve-Out in India's Merger Control Regime
The existing legal status of MHSPL represents its accurate legal status. The CCI followed the Supreme Court decisions from Thomas Cook and Scm Solifert Ltd. v, Competition Commission Of India, (2018) 6 SCC 631, which established its binding legal framework. The problem exists as a matter of legislation rather than through judicial processes.
Garvit Gupta
May 167 min read
Shifting the Needle: The Meta Game of Algorithmic Collusion
By focusing on the "Meta game" of design and the "AI stack" of development, the CCI can bridge the gap between human-centric law and machine-driven markets.
Roshan Potharaju, Shiven Gupta
Mar 185 min read
Assessing Structural Risks and Market Entrenchment in India’s Cloud Ecosystem
India’s existing competition framework, functioning on a reactive, case-by-case approach, is not suitable for tackling structural and collective dominance in rapidly changing cloud markets.
Monesh R B, Kartikeya Kothari
Oct 20, 20258 min read
Examining Refusal to Deal in Indian Digital Ecosystems
The dynamism of digital ecosystems is transcending boundaries. To protect consumer and third-party interests against a refusal to deal abuse, dual penalty system under the Indian antitrust regime exists. However, to safeguard the legitimate business interests of dominant entities, the author advocates for the incorporation of defenses based on principles of necessity and proportionality similar to the DMA.
Mustafa Topiwala
Aug 24, 20256 min read
India’s Increasingly Practical Outlook on Grounding Abuse Contraventions in Commercial Realities
The shift to an effects-based approach under Section 4, solidified by Schott Glass and Google 2023 & 2025, aligns India with the EU's standards, ensuring only actual conduct with proven or likely competitive harm is penalized.
Akash Gulati
Aug 15, 20256 min read
Competition Law and Sustainability: Why India Needs a Course Correction
India is at a crossroads where other jurisdictions have moved rapidly to align competition law with sustainability commitments since 2023, India risks falling further behind by continuing the antithesis of sustainability and competition.
Anshika Bhadauria, Abhishek Vishwakarma
Aug 9, 20256 min read
Interplay of Competition Law and Hostile Takeovers in India
Prior to the amendment of the Act, hostile takeovers and other time sensitive acquisitions were difficult to implement due to the existence of a standstill obligation. The insertion of Section 6A is a step towards facilitating hostile takeovers in the future.
Ayush Gairola
Aug 2, 20256 min read
Analyzing the Role of Competition Law in the Newspaper Industry of India
In this article, the author analyzes the newspaper industry of India from the lens of competition law to unravel the challenges and opportunities affecting newspapers in adapting to the dynamic environment.
Sumati Narayan
Jul 27, 20256 min read
Reassessing Margin Squeeze: A Critique of Supreme Court’s Ruling in Schott Glass v/s CCI
The Schott Glass ruling requires a structured, effects-based test in line with international best practice and appropriately directs focus away from form-based claims toward demonstrating competitive harm.
Aditya Shukla
Jul 26, 20256 min read
An Alarm for India? Shaping India's AI, Data, and Anti-trust Future
The article analyses the role of AI as a new frontier in the digital market space.
Aditya Mittal, Abhishek Pandey
May 9, 20258 min read
Gun-Jumping Penalties in Green Channel Filings: A Critical Analysis
While the CCI maintains rigorous enforcement against gun-jumping violations, its approach in each case exhibits several variations.
Yaatri Shah
May 1, 20256 min read
Exploring Alternative Antitrust Solutions for Google: A Focus on Conduct Remedies
The article examines the potential of conduct remedies in addressing Google’s antitrust concerns.
Sri Madhura Srinivasa
Feb 1, 20257 min read
US v/s Google Search Engine Anti-Trust Showdown: Indian Outlook to the Big-Tech Crackdown
While Google might currently appear insulated from regulatory action, the landscape for big-tech companies could shift significantly.
Nikhil Srivastava
Nov 1, 20247 min read
Expediting CIRP while Safeguarding Competition
The article suggests some alternatives to green channel mechanism that would expedite the CIRP.
Hamza Khan, Divyanshu Kumar
Oct 19, 20246 min read
Monetary Penalties under Section 27(b) of the Competition Act 2002: An Enforcement Conundrum
Deterrence under the Act is what makes the leniency, commitment and settlement provisions attractive.
Aabir Bhattacharya
Sep 29, 20245 min read
Decoding Anti-Sustainable Practices: Where Green Goals Meet Fair Markets
The incorporation of antitrust laws into sustainability presents a multidimensional challenge.
Arnav Srivastava, Ritisha Sinha
Jul 11, 20246 min read
Combating Hegemonic Instability: Anti-Competitive Regulation on Systemically Significant Digital Enterprises
It is pertinent for the CCI to be vested with a significant authority to regulate the happenings in the digital market ecosystem.
Nidhi Rayudu
Jun 28, 20246 min read
Deciphering Market Distortion via Contracts: A Critique of INSA v. ONGC
The decision in INSA v. ONGC, if not overturned, would become a significant setback for competition jurisprudence in India.
Vivek Kumar, Rakshit Sharma
May 26, 20247 min read
Leniency Plus: India’s Cartel-Busting Incentive for Whistle-Blowers
The author aims to examine the implications of the lesser penalty regulations on India’s antitrust landscape.
Prachi Jain
Apr 13, 20246 min read
CCI’s Path Forward: Leveraging CJEU’s Insights on Data Protection and Competition Law
This piece attempts to analyse the effects of CJEU’s judgement on the powers of Bunderskallmt.
Siddharth Chaturvedi
Dec 31, 20235 min read
Effective Use of Interim Reliefs as an Alternative for an Ex-Ante Regulation
It is evident that the current competition law does not lack provisions for tackling the unique challenges posed by digital markets.
Srinjoy Debnath
Nov 19, 20238 min read
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