Strategic Consultant
The European Commission (‘EC’) approved the acquisition of Collins Aerospace’s flight control business by French aerospace manufacturer Safran for $1.8 Billion, making the deal Safran’s largest acquisition. Safran has committed to divest its North American THSA business to address the competition concerns raised by the EC.
Italy’s competition authority, the Autorità Garante della Concorrenza e del Mercato (‘AGCM’), concluded its investigation into Otis, as company agreed to reimburse Italian customers approximately €1.45 Million to 7,700 customers. The probe was triggered by allegations of unapproved charges and service delays made by Otis. After this agreement Otis will stop installing paid accessories without customer consent and improve its customer service.
Lenovo and Ericsson have settled their global patent dispute, ending legal battles over wireless technology patents. Both the parties agreed to a global cross-licensing agreement resolving the dispute relating to whether the terms for licensing 4G and 5G patents specifically adhered to Fair, Reasonable, And Non-Discriminatory (FRAND) principles. The resolution includes binding arbitration to finalize licensing terms
The European Commission (EC) after its investigation, in coordination with the UK Competition and Markets Authority (CMA), has imposed €458 Million in fines on 15 major car manufacturers and the European Automobile Manufacturer’s Association (ACEA) for their involvement in a long-running cartel related to the recycling of end-of-life vehicles (ELVs).
The Lok Sabha, after a 12-hour debate, passed the Waqf (Amendment) Bill, 2024 with 288 MPs in favour and 232 opposing it. The Bill renamed the current 1995 Act to Unified Waqf Management, Empowerment, Efficiency, and Development Act and aims to improve the management of Waqf Boards and their properties. This amendment further brings in key changes, such as involving non-Muslims on Waqf Boards, representation of women and revising property declaration rules.
The Delhi High Court (‘DHC’), upholding the 2022 Guidelines issued by the Central Consumer Protection Authority (‘CCPA’), held that hotels and restaurants cannot automatically add a service charge to food bills. The DHC imposed ₹1 lakh fine on the restaurant associations challenging the guidelines. The guidelines require that service charges be voluntary, not added automatically, and must be clearly communicated to consumers.
The National Company Law Appellate Tribunal (‘NCLAT’) has partly upheld the Competition Commission of India (‘CCI’) ruling against Google for abusing its dominant position through its Play Store policies, however, it reduced the penalty from ₹936.44 crore to ₹216 crore. The CCI had fined Google and mandated it to stop restricting app developers from using third-party billing services and to implement modifications to its payment policies.
The Kerala High Court (‘HC’) held that contravention of mandatory provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) are not necessary to be considered by the bail court while hearing a bail application of an accused in the NDPS Act. The HC observed that going into details of the contravention of mandatory statutory provisions at the stage of bail would prejudice the interest of either the accused or the prosecution.
Coca-Cola was among the companies scrutinized during recent European Union (‘EU’) antitrust raids in the non-alcoholic beverage sector, investigating potential market division to avoid competition. The European Commission can impose significant fines for antitrust violations, though the raids do not imply guilt. Coca-Cola has previously faced EU probes, including one in 2023 over conditional rebates, which was closed without penalties.
UBS, Nomura, and UniCredit have failed in their attempt to overturn European Union (‘EU’) antitrust fines totalling to €371 million for collusion in government bond trading during the eurozone debt crisis. The EU General Court upheld most of the penalties imposed, in May 2021, supporting the European Commission’s findings that the banks illegally formed a cartel between 2007 and 2011.
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Having got one of the global automobiles giants imposed with a fine of Rs. 87 crores amongst other instances, our grip on this sector is complete. KK Sharma Law Offices ('Firm') has dealt with the procurement of services of Car Carrier Trucks by market leader in automobile sector in India and brought the anti-competitive practices to the fore.
The very first investigation in the country into competition law violations was made which resulted in a cascading effect of company after company giving up the claims of loan foreclosure charges in home and car loans across the country, amongst others, were under taken.
When the allegations of cartel were brought before the enforcement machinery against the flexible conveyor belt manufacturers they were clear in their mind that only KKSLO can deal it successfully and, accordingly, they availed our services.
The very first successful instance of cartelisation dealt by the competition agency in the case of Ficci Multiplex Association was very successfully dealt with by the competition agency under the overall supervision of Mr. Sharma.
The very first penalty on the leading stock exchange of the country exceeding Rs.50 Crores was based on the investigation done by the Mr. Sharma. Subsequently, when there were allegations of future trading and guar gum and other similar commodities, for saving the enterprises from huge fines, the Firm was the natural choice for representing these companies.
It may not be that well known no manufactured vehicle can leave the premises of the manufacturer except without being loaded on to the car carrier trucks. When the instances of anti competitive practices came to the fore, the Firm was the first choice to taken services from.
