Sanket, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Several key players act as competitive constraint’; CCI dismisses anti-competitive, abuse of dominance allegations against ICICI Securities, NSE & BSE

“The alleged conduct of concerted practice by NSE and BSE of prescribing standard agreement flows from the regulatory architecture and therefore, does not attract the provision of Section 3(3) of the Competition Act, 2002.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI dismisses abuse of dominance case against GMR Hyderabad Airport Ltd; cites operational constraints for non-renewal of license

Non-renewal of the Informant’s license for space on the airside of Rajiv Gandhi International Airport does not have the potential to limit and restrict the provision of Line Maintenance Services, so as to cause prejudice to the consumers and hence, is not in contravention of Section 4(2)(b) of the Competition Act, 2002.

using unhygienic products not within competition act scope

Case Briefs Tribunals/Commissions/Regulatory Bodies

Unauthorised occupation of public premises, use of unhygienic products, and violations of food safety standard not within scope of Competition Act: CCI

The Informant alleged that there is sharp decline in sales of his business, as a juice corner operator-Opposite Party sold cooked food from unhygienic and unknown sources at below manufacturing cost, leading to unfair competition in respect to vendors who are complying with the regulations.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘No service tax to be paid on upfront fee/premium for agreement to lease’; CESTAT sets aside penalty on DMRC

“At the time of executing the Concession Agreements with developers, DMRC had collected “upfront fee” as a price for obtaining the respective Concession Agreements.”

Case Briefs High Courts

Madras HC: Necessary to modify existing rules; prepare standards and forms for import of ayurvedic drugs

“There is a strong public interest element, specifically public health element, in relation to the import of drugs. The drug involved in this case is Axe Medicated Oil and, in that specific context, the public health threat may not be significant.”