Miscellaneous

The Competition Commission of India (Commitment) Amendment Regulations, 2026 recalibrate key timelines, introduce a structured re-filing mechanism for defective applications and align the framework with the CCI General Regulations, 2024.

India has two regulatory layers- sector regulators since the 1990s and the CCI, which alone handles competition matters since 2002, and this has created real gaps and clashes, as seen in telecom, electricity, aviation, and conflicting court rulings. The article argues this isn’t a genuine conflict but a design flaw as the CCI is best placed to judge competition consistently, while sectoral regulators bring technical expertise the CCI lacks. This gap was flagged back in 2011 in a policy draft that was never implemented. The article proposes practical fixes, mandatory coordination, sunset clauses for outdated rules, and a revived regulator forum.

On 13 July 2026, the Competition Commission of India (CCI) imposed penalties exceeding ₹142 crore on HP India and several reselers under Section 27 of the Competition Act, 2002 (Competition Act) for cartelisation and bid rigging in the sale and supply of HP personal system products, including laptops, desktops, workstations and accessories (Computers Case), and ink and toner cartridges (Cartridges Case). The orders arose from lesser penalty applications filed by HP India under Section 46 of the Competition Act read with the CCI (Lesser Penalty) Regulations, 2009.

India’s proposed Digital Competition Law has evolved through several stages, from the 2022 Parliamentary Committee report and the 2024 Committee on Digital Competition Law’s draft Bill, through a 2025 government reconsideration, to renewed Parliamentary backing for an ex-ante framework in August 2026. Drawing on comparative experience from the EU, UK, and Japan, this article argues that legislative reform must be matched by a strengthened Competition Commission of India if ex-ante regulation is to work in practice.

India's Competition Commission imposed penalties totaling approximately INR 138.98 crore on HP India Sales Private Limited for bid-rigging in Government e-Marketplace tenders. The landmark rulings clarify when original equipment manufacturers and their resellers become horizontal competitors, and establish that first-in leniency applications do not automatically guarantee full immunity from penalties.

An analysis of India’s competition-law whistleblower and lesser-penalty regime, examining the CCI’s treatment of self-reporting, the 2026 HP India orders, leniency conditions, corporate compliance and lessons from international cartel cases.

As India's retail landscape evolves into an integrated omnichannel ecosystem, competition law frameworks continue to treat online and offline retail as separate markets. With e-commerce representing just 6-7% of consumer spending while consumers seamlessly move between digital and physical channels, the question emerges: are regulators defining markets based on outdated channel distinctions rather than actual competitive dynamics?

This edition of the Competition Law Newsletter covers significant developments in Indian competition law, including landmark decisions from the Supreme Court, NCLAT, and the Competition Commission of India. The newsletter examines enforcement actions against major corporations, merger approvals involving international players, and a Parliamentary Committee's recommendations for strengthening competition regulation in India.

This comprehensive monthly update examines significant competition law developments in India, including a landmark bid-rigging case involving HP India and its resellers, IndiGo's commitment application addressing operational disruptions, and the CCI's analysis of pricing practices in online food delivery platforms. The edition also covers major merger approvals in the power generation and automotive components sectors.

Competition law in India is governed by the Competition Act, 2002 (‘Act’) which is not confined the adjudication of bilateral disputes; it is designed to protect market structure, consumer welfare, and the competitive process, as a whole. The distinction between a right in rem and a right in personam is central to understanding this design.

Our Partner, Probir Roy Chowdhury, alongside Kaushik Anand, Partner at A91 Partners, engages in an enlightening conversation.

Our partner, Shalini Sati Prasad, was recently invited by Lion Amirr Virani to contribute her insights in a episode of The Emerging Lawyer series on The Koffee Conversation Show.

In a decision on the scope of writ jurisdiction in the context of arbitration proceedings, the Supreme Court of India (“Supreme Court”), in M/s Tarini Prasad Mohanty vs. M/s Sunflag Iron and Steel Company Limited,1 has held that the exercise of writ jurisdiction under Articles 2262 and 2273 of the Constitution of India (“Constitution”) to set aside an order passed under Section 164 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) was not justified, particularly where the arbitrator was seized of the arbitration proceedings.

The Notification clarifies that ECBs and OFCBs may be raised in any foreign currency; however, the swap facility will only be available in USD. This swap facility will be open until January 15, 2027, for eligible ECBs drawn down and OFCBs raised, up to December 31, 2026.

In Parvinder Singh v. Directorate of Enforcement, the Supreme Court held that the first proviso to Section 223(1) BNSS applies to PMLA proceedings and that CrPC Sections 200–205 governing complaints apply to such cases.

On May 25, 2026, the Indian Computer Emergency Response Team (“CERT-In”) issued the ‘Blueprint for Reducing Exposure and Defending against AI-Assisted Vulnerabilities Exploitation in Digital Infrastructure’ (“Blueprint“).

On May 21, 2026, the Securities and Exchange Board of India (“SEBI”) issued a consultation paper proposing changes to the existing price discovery framework applicable to Initial Public Offering (“IPO”) and re-listed scrips during the pre-open call auction session on the date of IPO listing or re-listing.

By a notification dated May 18, 2026, the Ministry of Power brought into force, from June 1, 2026, the Jan Vishwas Act amendments under Schedule Serial No. 58. Consequently, certain provisions of the Electricity Act, 2003 stand amended.

The Appellant filed a petition before the Ld. Central Electricity Regulatory Commission ("CERC"), pursuant to the Letter5 issued by the Ministry of Power, Government of India clarifying that the Appellant is a deemed distribution licensee under the third proviso to Section 14 of the Electricity Act

Though earlier decisions of the Supreme Court had held that the referral court should leave it to the arbitral tribunal to decide whether the non-signatory is indeed a party to the arbitration agreement, the Supreme Court in this judgment held that the referral court is not a “monotonous automation” and it may not leave the matter for the arbitral tribunal when it prima facie finds that the non-signatory is not a veritable party.