Centre for Competition Law and Economics (CCLE)

The European Court of Justice (ECJ) has upheld the contravention decision passed by the European Commission against Google Inc. for abusing its dominance in several markets and imposing a fine of €2.4bn. The Court of Justice has stated that while it cannot be considered that, as a general rule, a dominant undertaking indulging in self-preferencing is a deviation from competition on merits, in the present case, it finds that it is established that, in the light of the characteristics of the market and the specific circumstances of the case, Google’s conduct was discriminatory and did not fall within the scope of competition on the merits. A copy of the judgment could be accessed here: https://lnkd.in/gdeTrhjz #GoogleShopping #selfpreferencing #Abuseofdominance #EC #ECJ

The Competition and Markets Authority (CMA), UK has followed suit in opening an investigation against Google Inc. for potentially violating competition law in the Advertisement Technology (AdTech) space along with the US, EU and India. The CMA has provisionally held that, since at least 2015, Google has abused its dominant positions through the operation of both its buying tools and publisher ad server in order to strengthen AdX’s market position and to protect AdX from competition from other exchanges. This is ultimately disadvantageous to competitors, publishers and advertisers who could offer better and more competitive services supporting growth in their businesses. The press release could be accessed here: https://lnkd.in/ecY-c2wT The Indian AdTech investigation could be accessed here: https://lnkd.in/gtNqQFiR #AdTech #competitionlaw #selfpreferencing #consumerharm #intermediaries 

Dear All, We are rather pleased to submit a 𝗺𝗲𝗺𝗼𝗿𝗮𝗻𝗱𝘂𝗺 to the Competition Commission Of India on the recent judgment passed by the US District of Columbia in the Google search engine case. Some of the key pointers include: 💡𝗥𝗲𝘃𝗲𝗻𝘂𝗲 𝗦𝗵𝗮𝗿𝗶𝗻𝗴 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁𝘀 (𝗥𝗦𝗔𝘀) lie at the core of the antitrust issue. Even though such agreements do not look problematic in the first place, such arrangements can have a chilling effect on competition when a monopolistic firm pays a portion of its earned revenues for not competing in the market. 💡The question of legal culture is conspicuous. In the EU, enforcement of competition law is seen as a culmination of public law, administrative law and public order. In the US, it's about feeling the antitrust injury through a private contract. 💡The question of remedy to keep the market competitive in this case has to look into all the aspects, i.e. 𝘀𝘁𝗼𝗽𝗽𝗶𝗻𝗴 𝘁𝗵𝗲 𝗿𝗲𝘃𝗲𝗻𝘂𝗲 𝘀𝗵𝗮𝗿𝗶𝗻𝗴, 𝗯𝗮𝗻𝗻𝗶𝗻𝗴 𝘁𝗵𝗲 𝗱𝗲𝗳𝗮𝘂𝗹𝘁 𝘀𝗲𝘁𝘁𝗶𝗻𝗴𝘀, 𝗲𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗶𝘁𝘆 𝗰𝗹𝗮𝘂𝘀𝗲 𝗮𝗻𝗱 𝗰𝗵𝗮𝗻𝗴𝗶𝗻𝗴 𝘁𝗵𝗲 𝘁𝗲𝗿𝗺𝘀 𝗼𝗳 𝘂𝘀𝗲𝗿 𝗶𝗻𝘁𝗲𝗿𝗳𝗮𝗰𝗲 with Google Inc. The process should ultimately involve identifying the harm, stopping it, preventing its recurrence and ensuring competition is enabled. The memorandum can be accessed here: https://lnkd.in/gqZw_FG4 Ministry Of Corporate Affairs Ministry of Electronics and Information Technology Nirmala Sitharaman Ashwini Vaishnaw Piyush Goyal S Krishnan #Digitalmarkets #Google #searchengine #monopolist #remedies

The Competition Commission Of India has given approval to the much controversial merger between Reliance Industries Limited and Disney India subject to the compliance of voluntary modifications. The combined entity is valued around $8.5bn where the market share of the merged company is likely to be over 25% in the television broadcasting industry and 40% in the booming OTT segment. Our Directors Sumit Jain and Siddharth Mishra recently wrote an article on the same: https://lnkd.in/gavx2yup Merger control is one of the substantial provisions of competition law where the competition authority ought to look into market concentration and potential overlap between the businesses of combining entities before giving an approval. #competitionlaw #mergercontrol #marketshare #dominance #remedy

Dear All, We are rather pleased to publish an explainer on the recent statement by the Hon'ble Minister of Commerce and Industry of India on the possibility of predatory pricing in e-commerce sector. Even though 'predatory price' is a defined term under the Competition Act ostensibly giving rise to a clear legal framework for enforcement, the jurisprudence on the same remains rather weak. Notwithstanding the high legal standard which is due for the prosecutor to prove, it is equally important for the government to have a look at pro-competitive effects and future potential available in the sector before deciding on the policy. The explainer can be accessed here: https://lnkd.in/gd_VBe2m Ministry of Commerce and Industry, Government of India Ministry of Electronics and Information Technology Ministry Of Corporate Affairs Competition Commission Of India Ministry Of Consumer Affairs, Food And Public Distribution India SME Forum Piyush Goyal Vinod Kumar W. #ecommerce #predatorypricing #deepdiscounting #CCI #consumerwelfare

Prof. Christian Bergqvist writes on the Google search case in the US. The author suggests that notwithstanding the judgment being a well drafted document, it remains important to understand the Google's motive behind the anti-competitive conduct. Experience in the European Union could shed some light on the same. Google understood early on that users migrate between platforms and this presented an existential threat to its search business. It is to put this migration at bay that the company ends up micro-nudging users to use its offerings in tech markets. The idea is to entrench company's position in new markets, allowing it to survive and continue to dominate even as the importance of the PC and mobile phone recede. The piece is published in ProMarket. Prof. Christian Bergqvist is a Visitor at the Centre. #antitrustlaw #ShermanAct #searchAds #generalsearch #generalsearchtextAds

We are starting in 5 mins! YouTube livestreaming link: https://lnkd.in/gaMHGXtT

#HappeningToday Dear All, We are rather pleased to inform that we are holding a virtual discussion titled 'US vs. Google (2024): Implications for the Global antitrust'. Some of the speakers in the discussion include: 1. Aurelien Portuese, Research Professor, George Washington University 2. Tim Cowen, Chair (Antitrust Practice), Preiskel & Co LLP 3. Shinawat Horayangkura, PhD, Director, Consumer Product Market Structure Division, Trade Competition Commission of Thailand 4. Ram Kumar Poornachandran, Senior Partner, AZB & Partners 5. Sumit Jain, Founding Director, CCLE Date: August 20, 2024 (Tuesday) Time: 1900 - 2000 hrs (IST) Location: Zoom (virtual) YouTube livestreaming link: https://lnkd.in/gaMHGXtT #antitrustlaw #ShermanAct #generalsearch #searchAds #generalsearchtextAds

Dear All, We are rather pleased to inform that we are holding a virtual discussion titled 'US vs. Google (2024): Implications for the Global antitrust'. Some of the speakers in the discussion include: 1. Aurelien Portuese, Research Professor, George Washington University 2. Tim Cowen, Chair (Antitrust Practice), Preiskel & Co LLP 3. Shinawat Horayangkura, PhD, Director, Consumer Product Market Structure Division, Trade Competition Commission of Thailand 4. Ram Kumar Poornachandran, Senior Partner, AZB & Partners 5. Sumit Jain, Founding Director, CCLE Date: August 20, 2024 (Tuesday) Time: 1900 - 2000 hrs (IST) Location: Zoom (virtual) The discussion would be livestreamed on YouTube. #antitrustlaw #ShermanAct #generalsearch #searchAds #generalsearchtextAds

We have published an explainer on the decision pronounced by the District Court of Columbia in the US vs. Google (2024) case. The write up simplifies the legal-techno jargon used in the judgment and lays bare the core issues involved. We further sum up the findings of the Court and implications for the global antitrust through the potential future. Link to the explainer: https://lnkd.in/gcWB5iNe In case the ruling piques your interest, please feel free to reach out to us! #antitrustlaw #ShermanAct #generalsearch #searchAds #generalsearchtextAds