ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Hyundai and the Law of Resale Price Maintenance in India

The Competition Commission of India’s landmark order in the Hyundai case on resale price maintenance is analysed in light of the CCI’s broader decisional practice on RPM. It finds that, unlike in other cases, the CCI did not examine the possible benefits of RPM in increasing the sale of cars. In effect, the CCI presumed that the very existence of the discount control measure was unlawful, without the need to assess competitive effects. The Hyundai case is used to highlight the inconsistencies in the CCI’s decisional practice on RPM.

Conflict between Regulation and Competition Law in the Indian Telecom Sector

The debate regarding the respective realms of competition law and economic regulation is not new. In the Indian context, complaints filed against the telecom incumbents Airtel, Vodafone and Idea by Reliance Jio before the Telecom Regulatory Authority of India and the Competition Commission of India bring to the fore such an example. This case is analysed primarily through the legal standpoint, and it is argued that competition law intervention is warranted only in “gap” cases: where the regulatory regime cannot account for consumer welfare. Where the regulatory and competition agency reach conflicting decisions, the issue can be resolved by a third body whose decision is binding on both the regulator and the competition agency.

Two Countries, One Corporation and Its Intellectual Property Rights

Monsanto is known to throw tantrums when it does not get the kind of protection it wants from governments for its intellectual property assets, threatening to leave countries if they do not provide it. This has happened in Argentina and now in India. These may look like country-specific disputes on genetically modified seed technologies, but there is much more than what meets the eye.
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