RGNUL FINANCIAL & MERCANTILE LAW REVIEW
VOLUME VI ISSUE I (2019)
(Theme: - Competition Law
ALGORITHM-FUELLED CONSCIOUS PARALLELISM: POSING MULTIFACETED CHALLENGES TO THE COMPETITION REGIME
The author is working as Deputy Director (Law), Competition Commission of India
The article discusses the technological advancements which has replaced humans and has enables the computers to take over the task of pricing algorithm. It puts forth the benefits of the pricing algorithm on the consumers as well as the businesses working cost. Further, it analysis the effects of collusion, among the businesses, in the regime of Pricing algorithms and put forth the likely challenges caused to the Competition aspect in the market. The article elaborates the challenges and chalks out the lacunae in the law and its working. It concludes by providing the solutions to the challenges posed by the algorithm fuelled pricing mechanism.
LITMUS TEST OF COMPETITION LAW: BUYER’S CARTEL
Riddhi Trivedi and Samriddh Binda
The authors are 3rd Year, B.A., LL.B. (Hons.) and 4th Year, B.Com., LL.B. (Hons.) at University of Petroleum and Energy, Dehradun, respectively
The article addresses the concept of Buyers’ cartel and the narrow interpretation of ‘cartels’ under the Indian Competition Act 2002. It interprets the relevant provisions of the Act in order to broaden the definition of 'cartels' to include Buyers’ cartel. It critically analyses the view of Supreme Court of India in recent decisions surrounding the buyer's cartel and derives that the court hasn’t found such cartels to be strictly restrictive in nature. Further, it provides a comparison with US Antitrust law which does not distinguish cartel activity of buyers from that of sellers. Finally, the authors conclude that Indian Competition legislation must acknowledge the crucial difference between buyers’ cartels and buying groups, the latter being pro-competitive in nature.
DIGITAL ECONOMY: IMPACT ON COMPETITION LAW IN INDIA
Shramana Dwibedi and Shivam Shukla
The authors are 4th Year, B.A., LL.B. at Symbiosis Law School, Hyderabad
The article examines the disparities between traditional markets and digital markets, and the disadvantageous position of the former. It gives a comprehensive account of discriminatory tactics such as predatory pricing and exclusivity agreements which put digital platforms in a dominant position to leverage their market power. It analyses the viability of the Competition Act, 2002 in the digital space and how the relevant product and geographic market are delineated in India. Finally, the article concludes that in order to safeguard the interest of the traditional bricks and mortar companies the Competition Commission of India must penalize unfair pricing practices.
ONE HOUSE, MULTIPLE FAMILIES: SHOULD ENFORCEMENT OF CONSUMER PROTECTION AND COMPETITION LAWS BE HOUSED TOGETHER?
The author is Practice Trainee, Peter Doraisamy LLC Advocates & Solicitors, Singapore
The article argues for the consolidation of competition and consumer protection provisions in India by presenting an in-depth analysis of the relationship between the two. It starts by looking at the existing rationale behind competition laws and consumer protection and moves on to evaluating the implications of their interplay, contending that the problems can be solved by their consolidation. Additionally, the article presents an overview of the approach taken by Singapore in this regard. It then also deals with the issues that can arise through such a combination of policies and proposes a multi-pronged approach that can be taken by the Competition Commission of India. The article concludes that despite the issues that persist in this system, the net result is positive.
YOUR CELLULAR SUBSCRIPTION HAS BEEN CANCELLED- A CONSPIRACY OF THE TELECOMS
The author is 4th Year, B.B.A., LL.B. (Hons.), Symbiosis Law School, Pune
This article consists of an in-depth analysis of the notifications to the consumers of cancellation of their telecom subscriptions by the country’s top Telecom Service Providers (TSPs). After describing the notifications in brief, it delves into the legality of these, firstly by looking into the Terms & Conditions (T&C) of these TSPs, and then by identifying gaps in the contract entered into by the consumers with the TSPs. It also analyses the rationale provided by the TSPs for this step, explores the Anti-trust concerns of this move, and concludes that these are in fact, illegal.
MONOPOLISATION OF CRICKET BROADCASTING IN INDIA: IMPLICATIONS, REGULATION AND LESSONS
Ahkam Khan and Divyansh Prasad
The authors are 3rd Year, B.A., LL.B. (Hons.) at Dr. Ram Manohar Lohiya National Law University, Lucknow
The article explores the trend of monopoly prevalent in Indian sports broadcasting Industry. It analyses the measures adopted by the EU and the US to tackle monopolization and addresses the lackluster approach in India. It then discusses the implications of monopolization of broadcasting of sporting events in India. The authors suggest that regulating monopoly rather than injecting competition to prevent such monopolies is more effective. It also examines the challenges associated with demarcation of the relevant market in the Sports broadcasting sector. In conclusion, the authors opine that broadcasting rights should be awarded through a fair bidding process.
THE GST ANTI-PROFITEERING CLAUSE: CURRENT SCENARIO AND WAY FORWARD
Sara Jain and Swapnil Singh
The authors are 4th Year, B.A., LL.B. (Hons.) at Maharashtra National Law University, Mumbai
The article deals with problems associated with anti-profiteering clause provided for under the Central Goods and Services Tax (CGST) Act, 2017, specifically focusing on the working of the National Anti-Profiteering Authority (NAPA). It provides an overview of the GST system in India and delves into its interplay with competition law. It also analyses the anti-profiteering tax provisions in Australia and describes the role of the Australian Competition and Consumer Commission pertaining to anti-profiteering. The article then scrutinises the working of the NAPA by looking at its various rulings, identifying several problems, and concludes that the anti-profiteering measures in India should be enforced by the Competition Commission of India.
ARBITRATION, COMPETITION LAW AND SECOND LOOK DOCTRINE: AN INDIA PERSPECTIVE
The author is 4th Year, B.A., LL.B. (Hons.) at Maharashtra National Law University, Mumbai
The article is an analysis of the feasibility of arbitration as an adjudication mechanism in competition law disputes in India using the second-look doctrine. It describes the current situation regarding the arbitrability of competition law disputes in India and tries to address the major constraints that arise in it. It then delves deep into a comparative analysis of the same with other jurisdictions such as the United States, the European Union, Australia, New Zealand, England, France, and Scandinavian Countries. The article describes and proposes the use of the second-look doctrine as an alternative to non-arbitrability of competition law disputes in India, and concludes with further discussion on the same.