Competition Law Developments In 2018

Several key decisions were delivered by the SC, NCLAT and CCI along with amendments to the merger control regime

2018 was a significant year for competition law jurisprudence in India, with several key decisions being delivered by the Supreme Court of India (Supreme Court), National Company Law Appellate Tribunal (NCLAT), the Competition Commission of India (CCI), as also significant amendments to the merger control regime. This article summarizes the key developments of 2018.

Leniency regime

In 2018, the CCI passed seven final orders involving leniency applications by enterprises which led to the discovery of cartels in different markets, including dry cell batteries, sports broadcasting and bid rigging in municipal tenders. For the first time, the CCI also granted full immunity (100% penalty waiver) to a leniency applicant in the case of Panasonic.

Panasonic disclosed the existence of a cartel between manufacturers and suppliers of zinc carbon dry cell batteries - Eveready and Indo National. The CCI granted 100% penalty waiver to Panasonic on grounds that it had disclosed the existence of the cartel, provided vital disclosures and extended full and continuous co-operation to the CCI during the investigation.

Interestingly, in a separate case, Eveready as a leniency applicant alleged that the dry cell manufacturers had violated competition law by exchanging information pertaining to sales, production and pricing in relation to flashlights. However, the CCI held that though there was evidence of information exchange, there was no evidence that the parties had acted on the information and engaged in anti-competitive conduct.