The document outlines a publication on Indian competition law aimed at clarifying legal precedents and expanding understanding of the subject among a broader audience, including lawyers and entrepreneurs. The authors discuss the evolution of competition law in India, the significance of Indian judgments, and how these have adapted principles from international law. The book compiles key judgments, practical issues related to competition law, and aims to facilitate academic and professional engagement with the topic.

3. © Taxmann
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Disclaimer
Every effort has been made to avoid errors or omissions in this publication. In spite
of this, errors may creep in. Any mistake, error or discrepancy noted may be brought
to our notice which shall be taken care of in the next edition. It is notified that
neither the publisher nor the author or seller will be responsible for any damage or
loss of action to any one, of any kind, in any manner, therefrom. It is suggested that
to avoid any doubt the reader should cross-check all the facts, law and contents of
the publication with original Government publication or notifications.
The author has not revealed any confidential facts about any company in the case
studies cited herein. Therefore, no part of this book may be reproduced in any
arbitration or in courts or legal forum as an evidence for actions and defaults since
the cases studies are included as examples for academic purpose only. Care has been
taken that no identity of any organization or person is revealed here. The author has
used his general knowledge, creativity and innovative ideas to express the theme of
disputes through the examples of case studies in India and abroad. Resemblance to
any actual case or incidence may be a mere coincidence.
No part of this book may be reproduced or copied in any form or by any means
[graphic, electronic or mechanical, including photocopying, recording, taping, or
information retrieval systems] or reproduced on any disc, tape, perforated media
or other information storage device, etc., without the written permission of the
publishers. Breach of this condition is liable for legal action.
For binding mistake, misprints or for missing pages, etc., the publisher’s liability
is limited to replacement within seven days of purchase by similar edition. All
expenses in this connection are to be borne by the purchaser.
All disputes are subject to Delhi jurisdiction only.

4. I-9
In a sense, the idea of this book took seed in 2015, when a Ld. Judge in
Hon’ble Competition Appellate Tribunal,1
while listening to a matter,
rued the lack of Indian precedents being cited by the counsels. However,
in 2015, there were limited Indian jurisprudence on competition law for
counsels to rely on. Hence, counsels had no options but to rely extensively
on precedents from Europe and United States. Similarly, while advising
the clients or while teaching students, counsels and teachers, were being
forced to rely on judgments coming from Europe and United States and
hope that Competition Commission of India and other forums in India
will stick to the same principles.
However, by 2020, there was a voluminous amount of judgments from
the Learned Competition Commission of India, Hon’ble High Courts of
various States and Hon’ble Supreme Court of India. These judgment not
only covered the legal and economic issues pertaining to competition law,
they also covered the administrative issues arising out of Competition Act,
2002. Interestingly, on occasions these judgments adapted the principles
of competition law in a manner suitable to Indian markets, Indian firms
and Indian legal structure. Hence, last year, when Sudhanshu and I
started discussing the proposal for this book with the Taxmann team,
our primary objective was to write a book which focussed on Indian
Competition law, elucidating Indian jurisprudence and then compare it
with position taken by forums in European Union and United States.
We wanted to dive deep into this fascinating subject and bring out the
micro issues that are or may become relevant to the study and practice
of competition law. Hence, our next objective was to ensure that the
book does not get restricted to just the major provisions of the statute
and broader issues of competition law, but also highlights economic,
technical and administrative concepts/issues that become relevant in
practical application and interpretation of competition law.
We believe deeply that competition law, if applied properly, can assist
in the economic growth of India and benefit it’s population. However,
for that to happen, it cannot afford to be relegated to a hyper-technical
Preface
#OMPETITION
!PPELLATE
4RIBUNAL
WAS
SUBSEQUENTLY
MERGED
INTO
.ATIONAL
#OMPANY
,AW
!PPELLATE
4RIBUNAL

5. 02%!#% I-10
subject, read and understood by select few who specialise in this field.
Hence, our last and final objective was to ensure that the book does
not become a technical treatise meant only for experts but, a document
that can be read and understood by a wider audience which includes,
lawyers, judges, academicians, law makers, market regulators as well as
entrepreneurs.
As authors, we are happy that the book has been able to achieve these
objectives. The book is a repository of the judgments, pertaining to
competition law, passed by Indian forums. It has also been enriched
by the landmark judgments of forums in European Union and United
States. The book discusses both macro and micro issues pertaining to
competition law. It also tries to delve into new issues arising in the field
of competition law, like the e-commerce market and algorithmic systems.
We have tried to keep the language simple and explain the concepts
logically.
We do hope that the readers will find this book useful in navigating the
nuances of competition law.
We acknowledge the research assistance provided by Aishwarya
Gopakumar (LL.M Nalsar 2020) in the completion of this book.
Lastly, we would convey our sincere gratitude to the publishers
M/s Taxmann for their continuous assistance and inputs.
ADV. GAUTAM SHAHI
DR. SUDHANSHU KUMAR

6. 3%#4)/. 0!'%
Foreword I-5
About the Authors I-7
Preface I-9
List of cases I-17
COMPETITION ACT, 2002
CHAPTER I
PRELIMINARY
1. 3HORT
TITLE

7. EXTENT
AND
COMMENCEMENT 3
2. $EFINITIONS 6
CHAPTER II
PROHIBITION OF CERTAIN AGREEMENTS,
ABUSE OF DOMINANT POSITION AND
REGULATION OF COMBINATIONS
Prohibition of agreements
3. !NTI
COMPETITIVE
AGREEMENTS 43
Prohibition of abuse of dominant position
4. !BUSE
OF
DOMINANT
POSITION 126
Regulation of combinations
5. #OMBINATION 196
6. 2EGULATION
OF
COMBINATIONS 214
CHAPTER III
COMPETITION COMMISSION OF INDIA
7. %STABLISHMENT
OF
#OMMISSION 263
8. #OMPOSITION
OF
#OMMISSION 265
Contents
I-11

8. 3%#4)/. 0!'%
9. 3ELECTION
#OMMITTEE
FOR
#HAIRPERSON
AND
-EMBERS
OF
#OMMISSION
268
10. 4ERM
OF
OFFICE
OF
#HAIRPERSON
AND
OTHER
-EMBERS 270
11. 2ESIGNATION

9. REMOVAL
AND
SUSPENSION
OF
#HAIRPERSON
AND
OTHER
-EMBERS
272
12. 2ESTRICTION
ON
EMPLOYMENT
OF
#HAIRPERSON
AND
OTHER
-EMBERS
IN
CERTAIN
CASES
274
13. !DMINISTRATIVE
POWERS
OF
#HAIRPERSON 275
14. 3ALARY
AND
ALLOWANCES
AND
OTHER
TERMS
AND
CONDITIONS
OF
SERVICES
OF
#HAIRPERSON
AND
OTHER
-EMBERS
275
15. 6ACANCY

10. ETC

11. NOT
TO
INVALIDATE
PROCEEDINGS
OF
#OMMISSION 276
16. !PPOINTMENT
OF
$IRECTOR
'ENERAL

12. ETC 276
17. !PPOINTMENT
OF
3ECRETARY

13. EXPERTS

14. PROFESSIONALS
AND
OFFICERS
AND
OTHER
EMPLOYEES
OF
#OMMISSION
279
CHAPTER IV
DUTIES, POWERS AND FUNCTIONS OF
COMMISSION
18. $UTIES
OF
#OMMISSION 280
19. )NQUIRY
INTO
CERTAIN
AGREEMENTS
AND
DOMINANT
POSITION
OF
ENTER
PRISE
282
20. )NQUIRY
INTO
COMBINATION
BY
#OMMISSION 294
21. 2EFERENCE
BY
STATUTORY
AUTHORITY 296
21A. 2EFERENCE
BY
#OMMISSION 297
22. -EETINGS
OF
#OMMISSION 298
23. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
299
24. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
299
25. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
300
26.
0ROCEDURE
FOR
INQUIRY
UNDER
SECTION
300
27. /RDERS
BY
#OMMISSION
AFTER
INQUIRY
INTO
AGREEMENTS
OR
ABUSE
OF
DOMINANT
POSITION
307
28. $IVISION
OF
ENTERPRISE
ENJOYING
DOMINANT
POSITION 314
29. 0ROCEDURE
FOR
INVESTIGATION
OF
COMBINATIONS 315
S.29 #/.4%.43 I-12

15. 3%#4)/. 0!'%
30. 0ROCEDURE
IN
CASE
OF
NOTICE
UNDER
SUB
SECTION
OF
SECTION
317
31. /RDERS
OF
#OMMISSION
ON
CERTAIN
COMBINATIONS 318
32. !CTS
TAKING
PLACE
OUTSIDE
)NDIA
BUT
HAVING
AN
EFFECT
ON
COMPETI
TION
IN
)NDIA
322
33. 0OWER
TO
ISSUE
INTERIM
ORDERS 325
34. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
327
35. !PPEARANCE
BEFORE
#OMMISSION 327
36. 0OWER
OF
#OMMISSION
TO
REGULATE
ITS
OWN
PROCEDURE 328
37. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
336
38. 2ECTIFICATION
OF
ORDERS 336
39. %XECUTION
OF
ORDERS
OF
#OMMISSION
IMPOSING
MONETARY
PENALTY
337
40. ;OmittedbytheCompetition(Amendment)Act,2007,w.e.f.
12-10-2007=
339
CHAPTER V
DUTIES OF DIRECTOR GENERAL
41. $IRECTOR
'ENERAL
TO
INVESTIGATE
CONTRAVENTIONS 339
CHAPTER VI
PENALTIES
42. #ONTRAVENTION
OF
ORDERS
OF
#OMMISSION 342
42A. #OMPENSATION
IN
CASE
OF
CONTRAVENTION
OF
ORDERS
OF
COMMISSION
345
43. 0ENALTY
FOR
FAILURE
TO
COMPLY
WITH
DIRECTIONS
OF
#OMMIS-
SION
AND
$IRECTOR
'ENERAL
345
43A. 0OWER
TO
IMPOSE
PENALTY
FOR
NON
FURNISHING
OF
INFORMATION
ON
COMBINATIONS
347
44. 0ENALTY
FOR
MAKING
FALSE
STATEMENT
OR
OMISSION
TO
FURNISH
MATE
RIAL
INFORMATION
349
45. 0ENALTY
FOR
OFFENCES
IN
RELATION
TO
FURNISHING
OF
INFORMATION 349
46. 0OWER
TO
IMPOSE
LESSER
PENALTY 350
47. #REDITING
SUMS
REALISED
BY
WAY
OF
PENALTIES
TO
#ONSOLI-
DATED
UND
OF
)NDIA
357
I-13 #/.4%.43 S.48

16. 3%#4)/. 0!'%
48. #ONTRAVENTION
BY
COMPANIES 358
CHAPTER VII
COMPETITION ADVOCACY
49. #OMPETITION
ADVOCACY 361
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT
50. 'RANTS
BY
#ENTRAL
'OVERNMENT 366
51. #ONSTITUTION
OF
FUND 366
52. !CCOUNTS
AND
AUDIT 367
53. URNISHING
OF
RETURNS

17. ETC

18. TO
#ENTRAL
'OVERNMENT 369
CHAPTER VIIIA
APPELLATE TRIBUNAL
53A. !PPELLATE
4RIBUNAL 370
53B. !PPEAL
TO
!PPELLATE
4RIBUNAL 374
53C. to
53M.
;Omitted by the Finance Act, 2017, w.e.f. 26-5-2017= 377
53N. !WARDING
COMPENSATION 379
53-O. 0ROCEDURE
AND
POWERS
OF
!PPELLATE
4RIBUNAL 383
53P. %XECUTION
OF
ORDERS
OF
!PPELLATE
4RIBUNAL 385
53Q. #ONTRAVENTION
OF
ORDERS
OF
!PPELLATE
4RIBUNAL 386
53R. ;Omitted by the Finance Act, 2017, w.e.f. 26-5-2017= 387
53S. 2IGHT
TO
LEGAL
REPRESENTATION 387
53T. !PPEAL
TO
3UPREME
#OURT 388
53U. 0OWER
TO
PUNISH
FOR
CONTEMPT 389
CHAPTER IX
MISCELLANEOUS
54. 0OWER
TO
EXEMPT 390
55. 0OWER
OF
#ENTRAL
'OVERNMENT
TO
ISSUE
DIRECTIONS 395
56. 0OWER
OF
#ENTRAL
'OVERNMENT
TO
SUPERSEDE
#OMMISSION 396
57. 2ESTRICTION
ON
DISCLOSURE
OF
INFORMATION 398
S.57 #/.4%.43 I-14

19. 3%#4)/. 0!'%
58. #HAIRPERSON

20. -EMBERS

21. $IRECTOR
'ENERAL

22. 3ECRETARY