India’s New Antitrust Regime

Aditya Bhattacharjea, Nov 17, 2010 India passed a new Competition Act in 2002 to replace its Monopolies and Restrictive Trade Practices (“MRTP”) Act of 1969. Enforcement of the new legislation was, however, delayed by more than six years. First, the Indian Supreme Court held that the qualifications and appointment procedure specified for Members of the […]

Supreme Court Verdict in CCI v SAIL: Setting the Ground Rules for Commission and the Appellate Tribunal

Parthsarathi Jha, Nov 17, 2010 In a recent telling judgment, the Supreme Court of India effectively and judiciously delineated the scope and manner of exercise of powers by the Competition Appellate Tribunal (hereinafter “the Tribunal”) and the Competition Commission of India under the new Competition Act of 2002. The Supreme Court was hearing an appeal […]

China Antitrust Law: A Round-up of Recent Developments

Jun Wei, Nov 17, 2010 Several months have now passed since the second anniversary of the enactment of China’s Anti-Monopoly Law (“AML”). As compared with 2009, when antitrust news was often headlined in the press, the pace of antitrust enforcement this year seems, at least on its face, to be slowing down. This is partly […]

India Competition Commission Steeled by the Supreme Court

Abdullah Hussain, Nov 17, 2010 In September 2010, the Supreme Court of India handed down an eagerly awaited judgment that cleared the way for the recently empowered Competition Commission (“CCI”) to flex its muscles. In a comprehensive and unanimous judgment, the Court endorsed the intent of the legislature to afford a speedy and effective resolution […]

Litigation under China’s Anti-Monopoly Law

Lester Ross, Nov 17, 2010 Although China’s Anti-monopoly Law (the “AML”), which entered into effect on August 1, 2008, is primarily enforceable by the three designated enforcement agencies, it also provides for civil liability. Article 50 provides: If an undertaking engages in monopoly conduct and causes losses to others, it shall bear civil liability in […]

You Better Watch Out, You Better Not Cry: China’s Emerging Approach to Abuse of Dominance

Martyn Huckerby, Sharon Wong, Nov 18, 2010 Since the introduction of the Anti-Monopoly Law (“AML”) in 2008 outside observers and investors in China have been carefully studying its provisions and monitoring cases considered by the regulators and courts. To date, it has been the merger control provisions that have attracted the most attention, with a […]