ValkyaEditorial

Tagged “competition-law”

10 articles on competition-law.

Supreme CourtSupreme Court of India

Competition Commission of India v. Bharti Airtel Ltd. (2018): why the sectoral regulator goes first

On 5 December 2018, the Supreme Court settled the boundary between TRAI and the CCI in the Jio interconnection dispute. It held that where a grievance is rooted in the telecom licensing framework, TRAI — the specialised regulator — must first determine the jurisdictional facts before the CCI can act. A digest of the sequencing doctrine, the verbatim reasoning, and why the two regimes are complementary rather than exclusionary.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

CCI v. Steel Authority of India (2010): a Section 26(1) direction to investigate is administrative, not an appealable order

The foundational judgment on CCI procedure. A three-judge Bench held that a direction to the Director General to investigate under Section 26(1) of the Competition Act is an administrative, prima facie order — not a final adjudication and not appealable to the Tribunal. It also held that the Commission must still record minimal reasons, need not hear the party at that stage, and is a necessary party once an appeal is filed.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Amazon.com NV Investment Holdings v. CCI (2026): Section 45(2) is a penal adjunct, not a power to review a combination approval

The Supreme Court set aside the CCI's order keeping its 2019 approval of the Amazon–Future Coupons deal in abeyance and its ₹202-crore penalty. It held that Section 45(2) of the Competition Act — a penalty provision for false statements or omissions — cannot be read as a freestanding power to nullify, suspend, or re-open a concluded approval granted under Section 31(1).

Valkya Editorial··6 min
TribunalCompetition Commission of India

In re: Delhi-NCR Super-Speciality Hospitals (CCI, 2026): no Section 4 abuse without dominance in a correctly defined market

The Competition Commission of India closed a decade-old case against twelve Delhi-NCR super-speciality hospitals over alleged overcharging on rooms, tests, devices, consumables and medicines. Disagreeing with its Director General, the Commission rejected a per-hospital market and found no abuse of a dominant position under Section 4.

Valkya Editorial··6 min
High CourtHigh Court of Delhi

Competition Commission of India v. Geep Industries (2025): no interest on a CCI penalty without a demand notice

A Delhi High Court Division Bench dismissed the CCI's appeal and held that interest on a competition penalty can run only from default on a validly served demand notice. The judgment ties interest under the 2011 recovery regulations strictly to the Regulation 3 procedure and forecloses retrospective or automatic accrual. A digest of the dry cell batteries cartel facts, the question of when interest begins, and what the ruling means for penalty recovery.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

Excel Crop Care v. CCI (2017): relevant turnover and proportionality in competition penalties

In 2017 a two-judge Supreme Court Bench upheld the 'relevant turnover' approach to competition penalties, holding that 'turnover' in section 27 of the Competition Act means turnover from the goods affected by the contravention, not a firm's total turnover. A digest of the bid-rigging facts, the proportionality reasoning, the DG's investigative scope, and how the 2023 Amendment has since changed the penalty base.

Valkya Editorial··9 min
TribunalNational Company Law Appellate Tribunal

Keshav Bihani v. CCI: NCLAT upholds the Railways polyacetal-tubes cartel penalty and clarifies Section 48 individual liability

NCLAT Principal Bench dismisses appeals against CCI's bid-rigging finding on the polyacetal protective-tubes suppliers to Indian Railways; reads 'punished accordingly' in Section 48(1) of the Competition Act 2002 (pre-2023 Amendment) to mean the individual penalty must match the enterprise penalty in scale, applied to the active partner's income.

Valkya Editorial··10 min
TribunalCompetition Commission of India

CCI v. Purbanchal Enterprise: bid rigging in Assam Police Housing tenders, cease-and-desist without penalty

On 7 April 2026 the Competition Commission held seventeen electrical contractors liable under s.3(3)(d) for cover bidding and bid rotation in APHCL tenders, but issued only a cease-and-desist direction under s.27(a) — calibrating contravention-finding against penalty-quantum where the contraveners are small enterprises with geographically circumscribed conduct.

Valkya Editorial··8 min
Weekly Report

Competition law in motion: NCLAT's Grasim reversal and the April–May 2026 CCI enforcement cycle

The May 2026 NCLAT order setting aside the CCI's ₹301.6 crore penalty on Grasim Industries — on the procedural ground that the CCI failed to give the appellant notice of disagreement with the DG's findings — joins the April 2026 CCI directions for investigation into the Venkateshwara Hatcheries Group and the bid-rigging order against seventeen electrical contractors in the Assam Police Housing tenders. Read together with the closure of the Indigo / Air India cancellation-charges probe and the jurisdictional-boundary disposition in Roppen / Rapido, the cycle discloses the procedural and substantive contours of CCI practice as it stands at mid-2026.

Valkya Editorial··8 min