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CCI’s Horizontal Breakthrough in OEM Market: Leniency Granted to Japanese Companies

[Ashu Bhargav is a student at Law Centre - I, Faculty of Law, University of Delhi.] The Competition Commission of India (CCI), in an order dated 9 August 2019, found NSK Limited, Japan (NSK) and JTEKT Corporation, Japan (JTEKT) and their Indian subsidiaries viz. JSAI Limited (JSAI) and RNSS Limited (RNSS) in contravention of Section 3(3)(a) and 3(3)(d) read with Section 3(1) of the Competition Act 2002 (Act) during the period between 2005 and 2011. Background The parties involved in the investigation have significant presence in the supply of electric power system (EPS) to the original equipment manufacturers (OEMs) worldwide. This system facilitates for a vehicle to steer smoothly through a

Interlocking Directorate and its Relevance to Competition in India

[Aditya Mukherjee and Arihant Agarwal are students at Jindal Global Law School.] The concept of interlocking directorate revolves around the ability of a director to serve and be a part of the Board of Directors (Board) of multiple companies. Whilst this is not illegal in itself as the Companies Act 2013 allows a director to hold its office in up to twenty companies at the same time with a restriction that only ten of them can be public companies.[1] However, this is a challenging concept for the antitrust regime. Ideally, there should not be a problem with a director being a part of the Board of multiple companies that are part of one group since these companies do not normally compete with

Gig Economy and Attempts at Regulation

[Sameer Hegde is an articled trainee who has worked at a Big 4 auditing firm and a reputed medium sized auditing firm, and is a student of Chartered Accountancy.] Not a day goes by when one does not hear about the complaints of Uber and Ola drivers, among other stakeholders in the gig economy. These complaints have become as ubiquitous as the cabs themselves. With surge pricing a constant state of affairs, customers are bearing the brunt of hefty fares and long wait times. Drivers, too, have to work ridiculous and unsafe hours not only to service their incentive programmes but also finance their cars. The problem is not typical of the cab-hailing aggregators alone; stresses are building up i

CCI Publishes Final E-Commerce Sector Report

The Competition Commission of India (CCI), on 8 January 2020, released a market study on e-commerce (Study) in India to fill a much need information gap in the e-commerce sector in India. Discussed in the context of a growing importance of digital commerce in the country and an increased price competition coupled with a detailed analysis of the market structure, the CCI makes some key findings which may prove to be of consequence for the ever increasingly complex competition concerns in the sector. This concludes a 9-month investigation into challenges posed by the e-commerce sector in India, which is presently the fastest growing market for e-commerce in the world, at a growth rate of 51% f

The Ban on Sales via E-pharmacy: Where is the Required Market Disruption?

[Kritika Dobhal is a student at National Law University, Jodhpur. The following article has been contributed by her with the guidance of Mr GR Bhatia (Partner, L&L Partners Law Offices).] The e-pharmacy sector has suffered another blow with the recent order by the Drugs Controller General of India (DCGI) directing states and union territories to prohibit the sale of medicines through unlicensed online platforms. This move follows the order of the Delhi High Court granting interim injunction on the sale of drugs and prescribed medicines through online pharmacies, till the Centre finalises the regulations.[1] A timeline of ups and downs in the e-pharmacy sector In 2015, 27 online pharmacies, i

Entities Too Big to Fail: Tweaking the Trigger to Get Financial Service Provider into the Game

[Sumit Kumar Gupta is a student at West Bengal National University of Juridical Sciences, Kolkata.] In what appears to be a routine judgment, the National Company Law Tribunal (NCLT) may have triggered a chain reaction engulfing the entire industry of financial service providers (FSPs) under the ambit of Insolvency and Bankruptcy Code 2016 (IBC). The judgment being referred to is Apeejay Trust v. Aviva Life Insurance Company India Limited, where the NCLT took an erroneous view by initiating the process of corporate insolvency against the corporate debtor, despite it being a financial service provider under the IBC. The provisions of the IBC are not in consonance with the judgment, highlighti

Impact of Defaults Committed by Stockbrokers: Are Investors the Biggest Losers?

[Shivam Tiwari is a final year student at National Law University, Jodhpur.] The Indian financial market has witnessed an increasing number of defaults by stockbrokers in the past few years. Recently, Delhi-based Ficus Securities Private Limited defaulted to the tune of INR 50 crores by siphoning off funds and securities of its sub-brokers and clients. The Securities and Exchange Board of India (SEBI) has also debarred brokers like Kassa Finvest Private Limted and BRH Wealth Creators from participating in the stock market. With the advent of the puissant entrant i.e. Karvy Stock Brokers Limited (KSBL) into the scenario, the situation has not only become alarming for the investors, but also m


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