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Enhanced Authority of the Director General: Competition (Amendment) Act, 2023
[By Mustafa Topiwala & Raima Singh] The authors are students of Rajiv Gandhi National University of Law, Punjab. Introduction The Competition Act, 2002 (hereinafter, “principal act”), was enacted to regulate major anti-competitive market practices as laid down in the case of CCI v. Bharti Airtel Ltd. On 11 April, 2023, the Competition (Amendment) Act,…
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Client Poaching using Geo-fencing Technology – A Potential Antitrust Concern
[By Anmol Aggarwal & Ria Bansal] The authors are students of Rajiv Gandhi National University of Law. Introduction The advent of Artificial Intelligence (‘AI’) technology has opened the gates to many potential methods of abuse of dominance that would not have the potential to exist on a large scale without AI technology. Geo-fencing is…
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Comparing The Deterrence Effects of Leniency Programs Between India & USA
[By Anshula Sinha & Aashish Gupta] The authors are students of NLU Jodhpur. Introduction Leniency programmes [“LP”] incentivise companies/firms to report collusion leading to anti-trust violations through reduced sanctions or even immunity from fines and legal penalties. LP aims to uncover and dismantle cartels by providing incentives for cartel participants to self-report their involvement…
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Dark Patterns and Antitrust Laws: Shedding the Light on the Artificial Barriers
[By Madhav Tripathi] The author is a student of RMLNLU, Lucknow. Introduction Recently, a piece of news that made headlines in the antitrust arena of the world is that the Federal Trade Commission (hereinafter FTC) accused the e-commerce giant Amazon of duping millions of Americans by getting them to do recurring subscriptions of Amazon…
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Android Antitrust Case: Diving into Effect-Based Approach of CCI
[By Aryan Rawat] The author is a student of National Law University Odisha. Introduction At the outset, the competition watchdog of India has booked Google, the creator of Android operating system for a barrage of anti-competitive restraints and abuse of dominant market mechanisms in the licensable mobile operating systems. As its zenith, Google has…
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The Concerns around the New Settlement and Commitment Provisions under the Competition (Amendment) Act, 2003
[By Akul Mishra] The author is a student of Jindal Global Law School. Introduction: The Competition (Amendment) Act, of 2023 introduced several amendments to its parent statute which was in force since 2002. However, the amendments ignore a specific red flag when it comes to ensuring accountability in the remedial actions taken by companies who…
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A Multifaceted Examination of the Ramifications from CCI’s Approval of the Air India and Vistara Merger
[By Arjun Kapur & Akash Hogade] The authors are students of National Law University, Mumbai. Introduction As airlines look to streamline operations and cut costs, mergers between airlines are becoming more frequent. However, as fewer competitors mean higher prices and poorer customer service for consumers, airline mergers can also raise concerns about the state…
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A Compromise with Ease of Doing Business under the Green Channel Route
[By Vrinda Gaur] The author is a student of Dr Ram Manohar Lohiya National Law University Lucknow. INTRODUCTION The Competition Commission of India (CCI) has recently issued a warning to those using the Green Channel Route (GCR) for mergers and acquisitions. The Green Channel Route was created to make the merger process more efficient…
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Code Sharing Agreement in India and Anti-Competitive Conduct
[By Siddharth Chaturvedi] The author is a student of National Law University, Jabalpur. Introduction Many airlines in India are increasingly relying on Code Sharing Agreements in order to run their businesses. Code Sharing Agreements refer to a unique understanding between airlines where one airline places its code on another airline ( the airline that…