Competition Law Newsletter Q3

Author:HSA Advocates
Profession:HSA Advocates
 
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  1. GLOSSARY OF TERMS

    AAEC

    Appreciable Adverse Effect on Competition

    ACCC

    Australian Competition and Consumer Commission

    Act

    Competition Act, 2002

    Anr

    Another

    AOD

    Abuse of Dominance

    CCI

    Competition Commission of India

    CIL/Commission

    Coal India Limited

    CMA

    Cement Manufacturers Association

    COMPAT

    Competition Appellate Tribunal

    DG

    Director General

    HSCC

    Hospital Services Consultancy Corporation India Limited

    IMFL

    Indian Made Foreign Liquor

    INR

    Indian Rupee

    Jt. DG

    Joint Director General

    Ltd.

    Limited

    NOC

    No Objection Certificate

    OP

    Opposite Party

    Ors.

    Others

    (P)/Pvt.

    Private

    USD

    United States Dollar

    u/s

    Under Section

    Vs.

    Versus

  2. Investigations initiated under Section 26 (1) of the Act

    1. CCI initiates investigation against exclusive wholesale licensee of alcoholic beverages in Uttarakhand

      International Spirits and Wines Association of India Vs. Uttarakhand Agricultural Produce Marketing Board & Others

      CCI has initiated an investigation against Uttarakhand Agricultural Produce Marketing Board & Others (OP) on allegations of resorting to exclusionary practices against certain Indian manufactured foreign liquor (IMFL) brands and trying to restrict and manipulate consumer preferences w.r.t. IMFL brands. Informant has alleged that the OPs who are primarily concerned with distribution and retail sale of IMFL, have abused their dominant position by not procuring IMFL brands in accordance with consumer demand and imposing onerous conditions in agreements with IMFL manufacturers. The Informant has pointed out [in their submission/information with the CCI] that OPs are placing orders with alcoholic beverage manufacturers for supply of IMFL in an arbitrary and discriminatory manner without any nexus to consumer demand. It is further alleged that OPs are discriminating against certain IMFL alcoholic beverage manufacturers despite demonstrably high demand for their brands, leading to an adverse effect on competition since it manipulates and distorts consumer choice. CCI on examining the materials on record and submissions of the Informant, has taken a prima facie view that the conduct of OPs has limited and restricted production of IMFL and resulted in denial of market access contravening Section 4 of the Competition Act, and, thus, directed the DG to investigate the matter.

    2. CCI initiates investigation against a leading real estate company

      1. Shri Vivek Chandra Vs. Jaiprakash Associates Limited

        Jaiprakash Associates Limited (JAL) is a leading national real estate company and is constructing a multi-storied project...

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