Page 13 - Cci

What are NCLT and NCLAT? Why has the Supreme Court accused them of 'rot'?

The NCLT and NCLAT are quasi-judicial bodies that hear cases related to Indian companies and came in for criticism from the Supreme Court on Wednesday

CCI seeks inputs on draft to offer incentives to cos for info on cartels

Competition Commission has sought stakeholders' comments on draft leniency plus regulations that will offer incentives to companies already under probe for cartelisation for providing information about other cartels. As incentives, the entity giving information could get an additional reduction in monetary fine could be as much as 30 per cent with regard to the first cartel besides a reduction in penalty of up to 100 per cent in respect of newly disclosed cartels. The framework is designed to create an additional incentive for companies to cooperate with antitrust authorities in identifying and addressing cartel activities, ultimately promoting fair competition. The Competition (Amendment) Act, 2023 has introduced 'lesser penalty plus' and withdrawal of 'lesser penalty'/'lesser penalty plus' applications in the existing framework, to incentivise an existing LP applicant in respect of the first cartel to give full, true and vital disclosures about a second cartel unknown to the ...

CCI approves merger of IDFC Ltd with its subsidiary IDFC FIRST Bank

Fair trade regulator Competition Commission of India (CCI) on Tuesday approved the merger of IDFC Ltd with IDFC FIRST Bank. IDFC FIRST Bank is in the business of providing banking services, while its parent IDFC Ltd (IDFCL) is an RBI-registered non-banking financial company. The deal is subject to conditions, including the merger of IDFC Financial Holding into IDFC Ltd in the first step and subsequently, the amalgamation of IDFCL with IDFC FIRST Bank. Further, CCI also approved the cancellation of the existing shares held by IDFC Financial Holding in IDFC FIRST Bank and then the issue of new shares of the bank to IDFCL's shareholders. IDFC Financial Holding is a non-operative financial holding company registered with the Reserve Bank of India (RBI). The Competition Commission said it has approved the deal under the green channel route. "There are no horizontal overlaps or vertical/complementary linkages between the business activities of the parties in the country. "Given the a

CCI brings draft Leniency Plus rules for cartels, invites comments

The Leniency Plus regime was introduced in the new Competition (Amendment) Act, 2023, although several provisions of the Act are yet to be notified

CCI clears acquisition of Hitachi Astemo by HMCL, Japan Investment Corp

Fair trade regulator Competition Commission of India (CCI) on Tuesday said it has cleared the acquisition of certain shareholding in Hitachi Astemo Ltd (HAL) by Japan Investment Corporation and Honda Motor Co Ltd (HMCL). The proposed deal relates to the acquisition of 20 per cent voting rights in HAL by JICC, an affiliate of Japan Investment Corporation, together with certain control rights, board representation and other rights, according to an official release. JICC-01 Ltd Partnership is managed by JICC G.K, an affiliate of the Japanese government's sovereign wealth fund Japan Investment Corporation (JIC). Also, the regulator approved the acquisition of an additional 6.6 per cent of voting rights in HAL by HMCL, such that 40 per cent of the voting rights in HAL are held by HMCL. In addition, CCI also gave its nod to the acquisition of a 49 per cent stake in Hitachi Astemo Electric Motor Systems (HAEMS) by HAL, such that 100 per cent of the shareholding of HAEMS is held by ...

CCI's Leniency Plus norms soon to push companies to report cartels

The CCI is also planning to launch a study into the Artificial Intelligence market to check if there are possibilities of anti-competitive practices and how they can be addressed

NCLAT set aside CCI order imposing penalty of Rs 38 cr on 18 sugar mills

The NCLAT on Tuesday set aside a CCI order, imposing a penalty of Rs 38.05 crore on 18 sugar mills and two trade associations in 2018 in a case related to a joint tender floated by oil marketing companies for procurement of ethanol for blending with petrol. The appellate tribunal said the order passed by the fair trade regulator Competition Commission of India "suffers from illegality" and "does not comply with the requirement of adherence to the principle of natural justice". The quorum of CCI that heard the final arguments did not pass the necessary orders within a reasonable period of time, and by the time, the orders were pronounced in the case, one member was not present in at least four later hearings, and two members had demitted office, and therefore they did not participate in the decision making nor sign and authenticate the final order, said the National Company Law Appellate Tribunal (NCLAT). A two-member NCLAT bench also said that CCI passed the order on September 18, .

CCI probing Google, Apple for alleged unfair biz practices: Chairperson

Competition Commission of India (CCI) is probing Google and Apple for alleged unfair business practices, the regulator's Chairperson Ravneet Kaur said on Tuesday. The watchdog had ordered detailed investigations against Google with respect to its alleged abuse of dominance in the smart television segment and in the news content space. Speaking to reporters here, Kaur said the matter related to Google and smart television is under the commission's inquiry. Currently, the investigation is on in the matter of the news publishers' complaint against Google, she said. To another query, Kaur said that Apple is also under investigation. "Once we receive the report from the DG, (and) CCI, we will take action," she added. The regulator had ordered an investigation against Apple for alleged anti-competitive practices with respect to its App Store. The Director General (DG) is the investigation arm of the CCI. Cases where the regulator finds prima facie evidence of anti-competitive practice

SC to hear Google's appeal against CCI penalty of Rs 1,338 crore in Jan

The hearing was initially scheduled for 11 October but was postponed to January due to Constitution bench hearings

InGovern flags concerns with FinMin about Flipkart hiring ex-CCI Officer

InGovern suggests that the integrity of the ongoing CCI probes into e-commerce behemoths Flipkart-Walmart and Amazon is questionable

GST Council meet on Oct 7, may review progress in anti-profiteering cases

Zero cases disposed of in Q1 after NAA gets subsumed into CCI

Trade regulator CCI gives nod to deal involving Lanco Amarkantak Power

Fair trade regulator CCI on Tuesday granted approval for the acquisition of Lanco Amarkantak Power by PFC Projects, REC, SJVN and Damodar Valley Corporation. PFC Projects, which is into electricity generation and distribution, and REC, which is a non-banking financial company, are subsidiaries of Power Finance Corporation (PFC). SJVN is mainly into hydroelectric power generation while DVC is a statutory corporation. The latter is engaged in the businesses of power generation, transmission, and water management. The proposed combination relates to acquisition of 100 per cent shareholding of Lanco Amarkantak Power by PFC Projects, REC, SJVN and Damodar Valley Corporation (DVC), according to an official release. Lanco Amarkantak Power Ltd is into power generation. The Competition Commission of India (CCI) said it has approved the proposed deal. Deals beyond a certain threshold require approval from the regulator, which keeps a tab on unfair business practices and promotes fair ...

CCI clears Carlsberg's acquisition of additional 33.33% stake in CSAPL

Competition Commission of India (CCI) on Tuesday cleared Carlsberg Breweries' proposed acquisition of an additional 33.33 per cent stake in Carlsberg South Asia Pte Ltd. The deal has been cleared under the green channel route. The proposed transaction entails Carlsberg Breweries A/S (CBAS) buying an additional 33.33 per cent of equity share capital (on a fully-diluted basis) in Carlsberg South Asia Pte Ltd (CSAPL). CBAS is involved in the business of manufacturing, marketing, and distributing alcoholic beverages under numerous brands worldwide. The company is present through Carlsberg India Pvt Ltd (CIPL) and does not have any other direct or indirect business presence in the country. CSAPL is the holding company of South Asian Breweries Pte Ltd, Singapore, which, in turn, is the holding company of CIPL. "There are no horizontal overlaps, vertical/complementary links between the activities of the parties and their respective groups/affiliates," CCI said. "The proposed transactio

NCLAT to start hearing Google plea against CCI penalty from Nov 28

The National Company Law Appellate Tribunal (NCLAT) will on November 28 begin hearing Google's plea against CCI imposing Rs 936.44 crore penalty on the tech giant for abusing its dominant position with respect to Play Store policies. This comes after one of its judicial members, Justice Rakesh Kumar, recused himself from hearing the plea on April 17. The matter was listed on Monday before an NCLAT bench comprising Chairman Justice Ashok Bhushan and Alok Srivastava, which directed the parties, including the contesting startups and Competition Commission of India to file their replies within four weeks. It also gave two weeks time to Google for filing rejoinder, if any. The appellate tribunal has directed to list the matter on November 28 for hearing. On April 17 this year, an NCLAT bench comprising Justice Rakesh Kumar and Alok Srivastava had ordered Google's appeal to be listed before another bench of which Justice Kumar was not a party. On October 25, 2022, CCI slapped a penalty

NCLAT to hear Google's appeal against Rs 936 crore penalty from Nov 28

The appellate tribunal has asked the parties in the case to submit their responses within four weeks

CCI clears acquisition of 11% of TVS Credit Services by Premji Invest

Fair trade regulator CCI on Wednesday said it has cleared the proposed acquisition of about 11 per cent stake in TVS Credit Services Ltd by PI Opportunities Fund-I Scheme-II (PIOF-II) and certain individuals. PI Opportunities Fund-I Scheme-II, is a Sebi-registered Alternative Investment Fund (AIF), owned and controlled by Premji Invest Ltd. "The combination relates to the proposed acquisition of 10.98 per cent stake of target (TVS Credit Services) by the acquirers," an official release said. "PIOF-II shall be acquiring about 10.79 per cent of shareholding in the TVS Credit (target), whereas the individual acquirers shall collectively be acquiring 0.19 per cent shareholding," it stated. The individual acquirers are senior-level management employees, partners, consultants of Premji Invest and its affiliates. TVS Credit Services Ltd is a non-banking financial company. In a separate release, the Competition Commission of India (CCI) approved the proposed acquisition of additional uni

Pernod Ricard faces India antitrust probe for boosting market share

The Competition Commission of India (CCI) has been pursuing the matter actively since early this year after senior members reviewed the case filed by Pernod's Indian rival, Radico Khaitan

25% pre-privatisation court cases by customers amicably resolved: Air India

Some cases dated back more than 15 years, says CEO Campbell Wilson in message to employees

CCI issues draft norms on combinations under amended competition law

Fair trade regulator CCI has issued draft rules pertaining to value of transactions for combinations under the new competition law. Earlier this year, various provisions of the Competition Act were amended. As per the draft norms issued by the Competition Commission of India (CCI), the value of transaction shall include "every valuable consideration, whether direct or indirect, immediate or deferred, cash or otherwise". These could also be in the form of covenant, undertaking, obligations or restrictions imposed on seller or any other person, other than acquirer, in the nature of non-competition or otherwise. It could also be for arrangements that are made as part of the transaction within two years from the date when the transaction is set to come into effect. These arrangements can cover a wide range of elements such as technology assistance, licensing of intellectual property rights, usage rights to any product, service or facility, supply of raw materials or finished goods, ..

Cipla, Torrent may need to divest 15 brands in buyout deal: Bernstein

Torrent has a strong presence in gastrointestinal, neurology, and cardiac segments