INDIA – COMPETITION LAW WRAP 2018
“DOMINANT” WHATSAPP NOT INDULGING IN PREDATORY PRICING IN INDIA
In 2009, the Indian government implemented the provisions for prohibition of anti-competitive agreements and abuse of dominant position in India under the Competition Act, 2002 (the “Act”). More recently, antitrust litigation has picked up in India as the general public is becoming aware of various issues such as price fixing, cartel formation, tying arrangements and predatory pricing.
THE TARGET TEST EXEMPTION UNDER INDIA’S MERGER CONTROL REGIME TWEAKED
The Competition Act, 2002 read with the Competition Commission of India (Procedure in Regard to the Transaction of Business relating to Combinations) Regulations, 2011, deal with the merger control regime in India. On March 27, 2017, the Indian government issued a notification (the “ Notification”) changing the target test exemption.
PENALTIES IN COMPETITION LAW VIOLATIONS IN INDIA
In June 2011, the Indian government implemented the merger control regime under the Competition Act, 2002 (the "Act") and the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (the " Regulations"). While the Competition Commission of India (the "CCI") is a fairly young regulator, over the years, the jurisprudence on Indian competition law and the merger control regime has developed substantially.