India’s Competition Act takes shape with enforcement actions and appeals: key cases, key points for international companies

By Robert E Connolly, Nisha Menon and Joywin Mathew

Competition law in India has begun to take shape as major enforcement actions involving a host of industries have worked their way from initial complaint to a finding of an infringement and appeal to the Supreme Court of India.

The Indian Competition Act 2002 was enacted to ‘promote and sustain competition…to protect the interests of consumers and to ensure freedom of trade’. The Competition Act mirrors more established competition law regimes in that it prohibits agreements among parties, mergers or combinations and abuse of dominance conduct that has an appreciable adverse effect on competition.

Here, DLA Piper reviews the key provisions of the Competition Act and how they have been applied by the Competition Commission of India (CCI) — the sole enforcement agency in India that may determine whether a violation of the Competition Act has occurred — and India’s courts. The law firm also offers some key points for businesses to note as they operate in this new, and evolving, climate…

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