ELP Quarterly update – Competition law & policy – Q3 of 2019

We are pleased to share with you the latest edition of our Competition Law update, where we cover some of the significant legal, regulatory and policy developments in India’s competition regime over the last quarter (July – September 2019). This quarter witnessed some interesting developments with the Competition Commission of India (CCI) dismissing allegations of dominance against OYO and, the Supreme Court of India directing investigation against Uber. In more detailed rulings, the CCI found that ‘termination for convenience’ clauses in ONGC’s EPC contracts did not constitute abuse of dominant position, and, following the Supreme Court of India’s decision, the CCI did not find price cartel in an oligopsony case. Further, the Delhi High Court ruled that interest would have to be paid on penalty imposed by CCI, even if the parties get a stay against the order. In our “ELP Insights” section of this update, we have provided an overview of some of the key recommendations made in the Competition Law Review Committee’s report.

We hope you will find this update useful