Penalty for non-furnishing of information on combinations under Section 43A of the Competition Act, 2002: No mens rea required:
The imposition of penalty under Section 43A is on account of breach of a civil obligation, and the proceedings are neither criminal nor quasi criminal. Once it is established that there was a failure to notify the proposed combination as required under Section 6(2) of the Act, penalty has to follow..
Baby Steps of Competition Law Jurisprudence in Pharmaceutical Sector:
November and December 2016 have seen a good number of orders by COMPAT. It was a culmination of a large number of hearings in the preceding months. One of the orders passed by COMPAT in concluding month of preceding year was in pharmaceutical sector. Although only one order but it disposed of more than one appeals pending before COMPAT.
Role of Dissents In Developing Competition Law Regime in India:
In light of recent judicial trends
From the inception of the Competition law era in India in 2009, ever since then the competition law regime has evolved remarkably. The Indian Competition Act and its judicial pronouncements’ draw significant inferences from anti-trust laws of various jurisdictions, majorly being from United States and European Union..
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