Bathtub Conspiracies – An Indian Competition Law Perspective

By Ravisekhar Nair & Aakarsh Narula –

The Competition Commission of India (“CCI”) has become one of India’s most active regulators. The wide-ranging commercial implications of competition law enforcement on domestic and international business groups present in India have made it imperative for them to insulate their legitimate commercial practices from conduct which may be abusive or anti-competitive. One such area within which the mandate of CCI’s intervention remains largely untested is the regulation of business groups’ internal cooperation and arrangements, and their resultant obligation to ensure parity of treatment between a competitor and owned verticals.