Author: kkslawoffices

A Federal Court proceeding instituted by Australian Competition & Consumer Commission (ACCC) against Dell Australia has found the company to be engaging in making false and misleading representations on its website about discount prices for add-on computer monitors. According to the court, Dell Australia misled the customers about the price of a selection of monitors available to ‘bundle’ with a purchase of a desktop, laptop or notebook. It noted that often these add-on monitors were advertised with a higher ‘strikethrough’ price resulting in overstated discounts to customers. Earlier, the court ordered Dell Australia to offer refunds and issue corrective notices to every affected consumer. Additionally, the court also imposed $10m fine on Dell Australia for making false and misleading representations.

The Delhi High Court (DHC) in case involving infringement of trademark, design and copyright of Emami’s Navratna oil has granted an interim relief in favour of Emami, restraining Dabur from selling its “Cool King Thanda Tel”. Emami has been selling its oil since 1989; however, Dabur entered the market only in May 2023 with a product which has deceptively similar packing as that of Emami’s oil. Rejecting Dabur’s plea to sell its product in alternative packing, DHC noted that, prima facie, it seems that Dabur has consciously imitated nearly every essential and distinctive feature of Emami’s Oil like shape of bottle and color of the oil. Thus, restrained Dabur, till next date of hearing, from selling its oil in the impugned packing or in any other alternative packing.

The European Commission (EC) has opened an in-depth investigation into the proposed acquisition of Figma by Adobe. EC in its preliminary investigation found that the transaction is likely to reduce competition in global markets for supply of interactive product design tools (wherein Figma is the market leader and Adobe as one the largest competitors) & Supply of digital asset creation tools (wherein Adobe dominates the market and Figma has a constraining influence). Considering the loss of a significant player from the market and likelihood of bundling of services resulting in an unparallel competitive advantage, EC decided to open an in-depth investigation.

Kerala High Court (Kerala HC) in an appeal to transfer a domestic violence case, from Magistrate Court to Family Court noted that considering the definition of “Domestic Relationship” given under Section 2(f) of the Domestic Violence Act, 2005, it applies to “a relationship in the nature of marriage;” thus, it applies even to a woman living in a live-in relationship. However, the Kerala HC rejected the appeal to transfer the case stating that “If it is held that an application under Section 12 is liable to be transferred to a family court, that will result in an indiscriminate classification since a family court is empowered to entertain disputes between the parties to a marriage only.”

The Brazilian Administrative Council for Economic Defense (CADE) has established the existence of a cartel in the fuel retail market. According to CADE, 5 retail fuel companies in the state of Santa Catarina, Brazil have cartelized the fuel retail market by coordinating on price adjustments for gasoline, ethanol and diesel. The managing director of fuel station group – Delta, in connivance with an owner of gas station in Chapecó city, agreed on price adjustments for retail sale of fuel, which later, extended to other cities that had a relationship with the gas station owner and to which Delta distributed fuel. Evidence showed that the coordination occurred over text communication which also included monitoring of compliance to the agreements and at times, threats to companies if they fail to comply. Thus, CADE imposed fines amounting to BRL 55 million on the parties involved.

Shell Canada has entered into Consent Agreement with the Competition Bureau Canada (CBC) in relation to Shell’s proposed acquisition of Sobeys’ 56 existing fuel stations in Alberta and British Columbia State(s) of western Canada. Shell is a global group of energy and petrochemical companies; on the other hand, Sobeys is a food retailer that also operates a retail fuel business. As per the CBC, the proposed acquisition would likely to substantially lessen or prevent competition in the supply of retail fuels in three cities i.e., Brooks, Fort St. John and Mission in Alberta and British Columbia. Thus, CBC as remedial measure directed modifications in the nature of divestiture of Shell’s assets located in these three cities.

The Netherlands’ Authority for Consumers and Markets (ACM) has issued a warning to Apparel and Beauty Products’ Seller – femmeboutique.nl and its online store for engaging in practice of “Dropshipping.” According to ACM, it has received several complaints from disgruntled customers about Femmeboutique’s inactive customer care service and late or, at times, ineffective delivery. ACM suspects that the store is engaged in “dropshipping” practices, wherein the company sells products they don’t have in stock; manufactured by a company (often) situated abroad and shipped directly to the consumers. Thus, resulting in longer delivery period and higher costs for consumers, if the product(s) were to be returned. Although, ACM allows Dropshipping; however, the company needs to be transparent about its practices to consumers.

The European Commission (EC), on preliminary view, has held that Pierre Cardin and its licensee Ahlers have contravened Art. 101 of TFEU, in Pierre Cardin apparels market segment. The EC noted that, for more than a decade, through their licensing agreements both the parties coordinated to restrict the ability of other Pierre Cardin licensees and their customers to sell Pierre Cardin-licensed clothing, with the objective of ensuring Ahler’s absolute territorial monopoly in the countries covered by its licensing agreements.

The Supreme Court (SC) in two appeals challenging the order of the Karnataka High Court (HC), convicting an accused by primarily relying on the testimony of a journalist who had interviewed the accused inside the jail premises, held that a newspaper report pertaining to an extra judicial confession cannot be said to be more credible just because it was made open to the public at large. The SC further noted that a newspaper report is only hearsay evidence and it can only be treated as secondary evidence under the Indian Evidence Act, 1872.

The Supreme Court (SC) upheld the order of the National Company Law Appellate Tribunal (NCLAT) that exercised its inherent jurisdiction to recall its judgments by observing that, “Power of recall of a judgment can be exercised by this Tribunal when any procedural error is committed in delivering the earlier judgment; for example; necessary party has not been served or necessary party was not before the Tribunal when judgment was delivered adverse to a party.” The SC, agreeing with the view of the NCLAT, dismissed the appeal filed against the NCLAT order.