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ARTICLE · 28 JUNE 2023

The 2023 Competition Amendments: Enshrining Existing Informalities

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On May 18, 2023, the Ministry of Corporate Affairs ("MCA") via Gazette Notification brought some provisions of the Competition (Amendment) Bill, 2023, ("Amendments" or "Bill")...

IndiaAntitrust/Competition Law
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1. Introduction

On May 18, 2023, the Ministry of Corporate Affairs ("MCA") via Gazette Notification1 brought some provisions of the Competition (Amendment) Bill, 2023, ("Amendments" or "Bill"), including those discussed herein, into effect. Chapter 2 of the Competition Act, 2002, ("Act") and its conduct rules forbid agreements and combinations likely to have an appreciable adverse effect on competition ("AAEC") and an enterprise's abuse of dominant position, while Chapters 3 and 4 establish the regulator Competition Commission of India ("CCI") and the factors used to determine an AAEC and appropriate penalties. The Bill formalizes previously informal CCI rules and expands its investigative powers. This newsletter examines (a) two specific provisions of the many new Amendments: the inclusion of hub-and-spoke ("HAS") arrangements and consumer harms in the CCI's assessment of an AAEC; (b) attempts to explore these two concepts through their present context in US

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