The CCI Penalizes Hyundai Motors on the Basis of Relevant Turnover for having indulged in Resale Price Maintenance

Hello everyone!
Keeping in sync with the new direction of this blog as explained earlier today, I have created a new site for all things related to law. It’s called Law and Little Things. It’s objective is to demystify complex legal advancements for the layman. After all, law shouldn’t have to be Latin and Greek considering how much it governs our life, right?
Please go and follow the site if it piques your interest. I’m sharing the latest offering from there hereinbelow.

Law and Little Things

On 15th June, 2017, the Competition Commission of India (“CCI”) found Hyundai Motors Industries Limited (India) (“HMIL”) to be guilty of indulging in Resale Price Maintenance (RPM) having an appreciable adverse effect on market competition. The Final Order passed under Section 27 of the Competition Act, 2002 (the “Act”) is of significance by virtue of being the first order passed in the wake of the recent decision of the Supreme Court (“SC”) in which CCI’s penalizing power was considerably curtailed. The SC’s judgment in the case of Excel Corp. Care vs. The Competition Commission of India, by relying on the principles of equity and proportionality and on foreign competition jurisprudence vis-a-vis affected commerce, validated the concept of “relevant turnover” as introduced by the Competition Appellate Tribunal (“COMPAT”).

Background

Section 27(b) of the Act authorizes the CCI to impose penalty…

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6 Comments

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  1. dhananjaybhati June 16, 2017 — 1:23 am

    Did now 😊
    Looking forward for the future posts!

    Liked by 1 person

  2. Very well written!
    Piqued my interest 😊

    Liked by 1 person

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