Authority for Consumers and Markets (ACM), Netherland fined Apple 5 Million Euros, third time in three weeks, since Apple missed 15th January 2022 deadline to allow software application makers in the Netherlands to use non-Apple payment methods for dating apps listed in the company’s App Store. The fine of 5 Million Euros is levied every week till ordered changes are not made by Apple.
Meta has been fined £1.5 Million, by CMA, for breaching the Initial Enforcement Order (IEO) again , for not informing CMA about the resignation of 3 key employees and the reallocation of their roles, which Meta was required under the IEO. Meta was fined first time, for £50 Million, for breach of IEO in October, after it significantly limited the scope of compliance reports.
IEOs are issued by CMA, UK, at the start of the investigation into a completed merger, to ensure the companies involved in the merger continue to compete with each other as they would have before the deal took place.
The enactment of the Assam Repealing Act, 2020, which repealed Assam Madrassa Education (Provincialization) Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-Organisation of Madrassa Educational Institutions) Act, 2018, by the Assam Government was upheld by Gauhati HC in a writ petition challenging its validity.
The HC held that madrasas ceased to be minority institutions once they were provincialised, and stated “The Madrasas in question, which are “wholly maintained out of State funds”, cannot impart religious instructions in terms of the mandate of Article 28(1) of the Constitution of India.”
Competitions and Markets Authority (‘CMA’) has imposed a combined fine of £35 million on 5 pharmaceutical companies, for limiting the supply of ‘Prochlorperazine’, an anti-nausea drug, used by the National Health Service (NHS). According to CMA, under the arrangement only one company was appointed as the distributor of the drug by the manufacturer of the drug and others were paid a share from its profit. Due to this arrangement, the price of Prochlorperazine surged from £6.49 to £51.68 per pack of 50 tablets between 2013 and 2017.
The SC dismissed the SLP, filed by 5 tyre manufactures, against Rs. 1788 Crores penalty order of CCI, kept in sealed cover till now.
The CCI had penalised the 5 tyre manufacturers and Automotive Tyre Manufacturers Association (‘ATMA’) for cartelisation by acting in concert to increase the prices of cross ply/bias tyres variants sold by each of them in the replacement market and to limit and control production and supply in the said market.
Stating “Agent could not be held liable for default on the part of the client of the Operational Creditor,” NCLT quashed the insolvency proceeding initiated by The Hindu Group (‘THG’) against Deadline Advertising Pvt. Ltd., their advertising agent, for which the THG was supposed to receive Rs. 8 lakh, but received only Rs. 2 lakh.
A poll done by Coalition for App Fairness (‘CAF’), showed 84% support for the proposed Open App Market Bill, going to be considered by the Senate Committee on Judiciary – the next step towards becoming law. It comes in the wake of Apple being forced to allow app developers to choose third-party platforms in South Korea and the Netherlands. The proposed law, introduced in last August, will have a still greater impact.
Intervening in the instance of a convict being kept in solitary confinement, against the maximum for such incarceration being 14 days, Bombay HC directed immediate transfer of the convict to another cell. The HC further ordered Judicial and Medical enquiry into the mental health conditions of the convict as corrective measures.
The gaps between MRTPC Act,1969 before its repeal in 2009, continue to come to the fore in different matters. An appellant’s claim, for Unfair Trade Practice because of misrepresentation in delay of handing over the possession of the apartment and levying arbitrary extra charges was not allowed.“Section 12-B of MRTP Act empowers the Commission to grant compensation only when any loss or damage is caused to a consumer as a result of a monopolistic, restrictive or unfair trade practice.”, said SC.
At the time of repeal, the Ministry of Consumer Affairs was conscious that the part relating to competition was rightly included to Competition Act, 2002, but the domain relating to ‘unfair trade practices’ was left uncovered. Whether the Government is besieged of the matter and attempting to plug these gaps or the situation remains the same as it was in 2009 is not yet known.
The General Court of EU annulled a much-hyped, $1.2 billion fine of EC against Intel. This was a matter, wherein in 2009, Intel was accused of Abuse of Dominance because of loyalty rebates to PC makers for squeezing out its rival, Advanced Micro Devices Inc (AMD). Commenting on the analysis by the EC, the EU Court observed, “The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, anticompetitive effects.”