Market Chatter
Allow us to introduce you to Market Chatter, a crisp blog series where seasoned professionals unravel the dynamic landscape of competition law! Here, expert voices trade war stories, dissect landmark changes and case law, and serve up sharp market analysis so every piece delivers insight, wit, and total clarity. If cutting-edge commentary and actionable legal smarts is what you're looking for, bookmark this space for your next read!
Lip Service and Liability: Effects Analysis in Indian Competition Law
Naval Satarawala Chopra and Natalia Bilimoria
India’s competition law increasingly invokes “effects analysis,” yet rarely applies it rigorously. While the Supreme Court’s Schott Glass judgment mandates an effects-based approach under Section 4, CCI and NCLAT decisions often rely on structural inferences rather than clear counterfactuals or economic evidence, leaving the doctrine rhetorically embraced but analytically underdeveloped in practice.
Competition Law and the Not-so-Free Market in India: The Realities of our Second Best Universe
Dr. Rishad Ahmed Chowdhury
While Coal India Ltd v. CCI confirms that competition law applies equally to public and private enterprises, formal equality masks deeper distortions. State dominance, implicit public sector advantages, opaque governance, and private manipulation limit what competition law can achieve. Sustainable competition ultimately depends on transparent, rule-based governance beyond antitrust enforcement.