KK SHARMA LAW OFFICES

kk sharma kks law offices competition commission of india competition appellate tribunal director general abuse of dominant position cease and desist prima facie cartelisation cci penalty dissenting order competition act 2002 section 4 pharmaceutical dynamic efficiency productive efficiency allocative efficiency trai competition law enforcement prima facie opinion single member minority minority opinion kapoor glass v. schott glass unfair and discriminatory pricing order of the cci dissimilar conditions denial of market access section 53 b competition appleeate tribunal overruled disfavored buyers significant and important judgement obligation to supply upheld minority order information section 26 collective boycott cdag member dhingra fixing prices no objection certificate chemist and druggists association goa product information system trade margins boycotting monopolies and restrictive trade practices margin member geeta gauri section 3 (3) all india organisations of chemists and druggists varca druggist mergers competition act section 3(3) appeal no. 43 of 2014 appreciable adverse effect on competition (aaec) section 3 refusal to deal boycott ssnip test economies (efficiencies) unfair trade practices cartelization leniency program coal india ltd indian oil corporation public sector oil companies leniency blatant case of collusive bidding supplementary order lacunae belaire owners association cement manufacturers association lpg cylinder manufacturers mcx stock exchange (mcx-sx) national stock exchange (nse) vijay paper merchant paper merchants association of delhi (pmad) united producers and distributors forum (updf) 210 days control fipb sebi 11th may 2011 merger review architecture of india regulation 16 of the combinations regulations regulation 22 of the combination regulations jet and etihad public interest litigation exclusionary conduct anti-competitive deals combination regulations implementing regulations merger review universal service obligations (uso) postal services commission (postcomm) oft concurrency working party (cwp) merger or acquisition stock exchanges or electricity sector dth service providers department of telecom(dot) forum of indian regulators (foir) efficiencies in mergers canadian regulator superior propane case hills down case consumer-surplus standard price standard effect of merger on price and allocation patterns anticompetitive mergers canadian practice vertical mergers transactional efficiency merger analysis incorporating efficiencies us merger guidelines sun-set clauses synergy between sector regulator and competition a in-market regulator natural monopoly universal service obligation determination of tariff maintaining standards need for sector regulation regulation in different sector condiitions conducive for competition competition to promote efficiency and innovation competiion and economic growth director general of cci developing economies ninth ige meeting agenda of the sixth un review conference technical assistance support programme (tasp) rpp platform inter-governmental group of experts (ige) unctad competition law and policy ige meeting in geneva monopolistic enquiry committee psus advocacy seminars on competition law improve economy oil public sector undertakings compat mrtp act compliance monetary penalty 10 percent penalty section 27 of the cci act cci v. sail general code of conduct ficci multiplex association of india iaai taai tafi cognizance lpg manufacturers schott glass india pvt. ltd. case no. 22 of 2010 penal provisions enforcement of competition law double tax avoidance agreements (dtaas) ecmr community dimension court of first instance (cfi) gencor/lonrho competition-anglo american dyestuff effects doctrine single entity doctrine european commission extra-territoriality protection of trading interests act 1980 shipping contracts and commercial documents act 19 circuit court of appeals sherman act regulatory framework economy competition regulator international competition network (icn) exclusive motors v. automobile lamborghini annual report of cci for the year 2015-2016) under section 53a of the competition act 2002 appellate tribunal forfeited property (ndps) investigation under section 26(1) of the act by cc prevention of money laundering maximum governance dr. l h hiranandani hospitals v. cci performance of compat consolidated fund of india monopolies and restrictive trade practices commiss appellate tribunal under smugglers and foreign exc minimum government excel corp care limited companies act 2013 money bill company law board (clb) indian law institute(ili) national competition law appellate tribunal (nclat finance act 2017 quality council of india proprietery diagnostic tool kits kits from united kingdom(uk) iari bis motor vehicles act 1988 central motor vehicles rules 1989 penalty of rs. 2544.64 crores ford india pvt. ltd. facilitate fair competition original equipment suppliers(oess) bmw india pvt. ltd. standardization of automobile spare parts authorized dealers consumer choice mr. samsher singh kataria independent repairers aftermarket abuse the ministry of road transport and highways original equipment manufacturers (oems) joint venture enforcement of combination regulations spvs combination review foreign exchange fluctuations non-corporate interests filing fee form revision mechanism enterprise stake holders jvs thresholds for merger control regulatory burden competition law reports thresholds of turnover merger filing fees market regulator voting securities federal trade commission (ftc) raghvan committee report 2002(the act) procedural and analytical format excessive regulatory burden voluntary regime amalgamations competition law report monopolistic and restrictive trade practices act 1 analytical framework mandatory pre-merger notification regulations of combinations (merger review) asset/turnover thresholds south africa competition commission eu dg competition acquisitions section 20(4) of the competition act combination under section 31 of the act time period for review 210 days exclusive distribution agreement exclusive supply agreement prohibition of anticompetitive agreements section cci-member in schott glass (supra) ‘cartel’ section 2 (c) of the ompetition act 2 sherman antitrust act anti-competitive dominant position vertical agreements 3(4) of competition act 2002 indian mrtp act ajay devgn films vs yashraj films pvt. ltd. & ors distribution resale price maintenance kapoor glass india pvt. ltd. vs. schott glass indi appreciable adverse effect on competition in india tie-in arrangement 1969 horizontal agreements 3(3) of competition act 2002 vertical restraints on distribution cartels advocacy initiatives frequently asked questions composition of commission commission to provide opinion members seminars responsibility of training the stakeholders chairperson section 49 of the act conferences competition compliance combinations advocacy of competition law bid rigging market studies in different sectors of the economy workshops how to file information call the informant alone income tax authority differnece between ‘prevent’ ‘eliminate’ calling the opposite parties information of an anti-competitive conduct section 288 of it act 1961 section 35 of the act section 18 of competition act 2002 appearance before commission vitiating the intent of act preamble of the competition act duties of commission assessee entitled to attend attend the proceedings before the commission director general of the commission expert body dawn raids the appellate tribunal imposing penalties merger regulations questioned the commission horizontal merger guidelines of usa ‘institutional memory’on competition law cci vs. sail knowledge management section section 27 of competition act 2002 fair opportunity of being heard suo moto inquiries first penalty order ‘one who hears must decide’ risk if the copy of information is provided dlf case giving copies of dg report receipt of any information 8 years of competition law enforcement further inquiry sail judgement on competition law investigation report section 26 (7) of the act clause 11 of the amendment bill grey areas of competition law section 26(6) of competition act 2002 no contravention agree or disagree the competition (amendment ) bill 2012 section 26(9) of competition act 2002 section 26(8)of competition act 2002 commission is bound to accept dg recommendation non compete obligations mandatory filing regime ccp turnover gdnl indian thresholds filing of notice merger filing form 1 entitled proportion (sebi) orchid chemicals and pharmaceuticals ltd.(combinat antitrust jurisdictions mylan inc. (combination reg. no. c-2013/04/116) gspc distribution networks limited international antitrust community share cumulative share purchase mergers/amalgamations assets gujarat gas company ltd. shri surendra prasad vs competition commission of suo-moto investigation process of an inquiry section 19(1)(a) adversarial proceedings competiton commission of india sine qua non complaint investigation officer locus standi frivolous and vexatious competition (amendment) bill 2007 standing committee on finance kingfisher airlines section 3 act commission payment competition commisison of india iata jet airways associations of travel agents 3% commission show-cause notice threat of suspension issue of boycott international air transports association travel agents’ federation of india director general of civil aviation geeta gauri mcx-sx cd derivatives section 19(4) of the act odin predatory pricing dissent order competition commissson of india interface software with ftil national stock exchange section 19 annual subscription charges otc market cd segment as relevant market dominant player majority view section 5 & 6 section 54 of the act fifty per cent shares size of acquisition of shares de minimis anti-competitive activities less than 250 crores competition advocacy relevant market appreciable adverse effect on combination 750 crores of turnovers acquisition voting rights merger control minority order survived maharashtra state power generation company ltd suo moto direct investigation section 53 of the act justice s n dhingra contempt petition no. 245 of 2007 coal india limited m/s b.s.n. joshi & sons ltd. civil appeal no. 4613 of 2006 bids mr. surendra prasad gipsa government of kerala copper weld doctrine rashtriya swasthya bima yojna (rsby) general insurance corporation (gic) oriental insurance company limited (oic) public sector general insurance companies national insurance company limited (nic) competition commission of india (cci) relevant turnover competition appellate tribunal (compat) united india insurance company (uic) new india assurance company limited (nia) department of financial services (dfs) general insurance business (nationalisation) act 1 single economic entity(see) ministry of finance vertical supply chain vertical horizontal competition law exclusive relationship trade free riding vertical restraints resale price maintenance (rpm) sail judgement minimum resale price fixed trade margins section 3 of competition act all india organisation of chemist and druggist (ai product information service (pis) no objection certificate(noc) penalty of pharmaceutical companies minimum retail margin section 4 of competition act fixed margins anti competitive practices letter of consent/cooperation (loc) authorised representation in cci room for improvement of cci working some thoughts for cci-ii : participatory competiti duties of the commission thoughts for cci treading the thin wedge between a useful tool not a panacea ssnip test: a useful tool economies an essential consideration in merger analysis efficiencies competition and regulation competition law and domestic industry combination review in india automobile manufacturers automobile manufacturers fined restricting access to replacement parts cpi antitrust chronicle april 2015 cpi antitrust chronicle order in jypee case importance of being a member of cci a 360 degree review of penal provisions a 360 degree review of penal provisions’ applica application under competition law competition appellate tribunal(compat) directions for investigation by competition appell directions for investigation on competition law a ceo’s pocket guide on competition law ceos ex-parte prima facie a critique ex-parte prima facie order by the competition comm dlf unfair trade practices and abuse of dominant pos extra territoriality article territoriality