Newsletter/Booklets 16th Jan 2019

ELP Competition Law & Policy Update Volume 4 of 2018

Authors

Abhay Joshi Partner | New Delhi | Noida
Parthsarathi Jha Partner | New Delhi | Noida
Ravisekhar Nair Partner | Bengaluru
Suhail Nathani Managing Partner | Mumbai

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In our constant efforts to provide useful updates from India to our readers in the most readable and interesting presentation, we have revisited our approach towards covering the developments in the Indian competition space. Our current edition reflects that change in the approach and it gives us pleasure to share with you a more reader friendly and concise version quarterly newsletter. Additionally, we have also introduced a new segment in our newsletter – ELP Insights, which would cover any one of the more significant issues / developments in the competition law space.

In this edition, we provide brief overview of some of the significant developments in India’s competition law regime over the last quarter of 2018. The update includes some interesting observations from the Competition Commission of India on algorithmic collusion, long term ‘take or pay’ clauses, as also the Supreme Court’s views on determination of the existence of a cartel. Under ELP Insights, we have discussed the judgment of Supreme Court of India on the issue of scope of CCI’s jurisdiction. Dealing with the jurisdictional conflict between the Indian telecom regulator (TRAI) and the Competition Commission of India (CCI), the Supreme Court tries to draw a balance between two regulators. We have highlighted some issues that the balancing act gives rise to.

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