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In a watershed moment for India’s insolvency and competition law regime, the Supreme Court of India (“SC”), in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, has delivered a majorit...
In a pivotal ruling for India’s competition law regime, the Hon’ble Supreme Court of India (“SC”), in Competition Commission of India v. Schott Glass India Pvt. Ltd. & Anr[1]., upheld the decision of the erstwhile appellate tribunal – Competition Appellate Tribunal (“COMPAT”) and dismissed appeals filed by the Competition Commission of India (“CCI”) and Kapoor Glass India Pvt. Ltd. (“Kapoor Glass”). The SC affirmed that discount schemes/ rebates which are volume-based/ premised on performing certain functions, when applied consistently and backed by sound commercial reasoning, represent a legitimate business practice and do not, by themselves, amount to discriminatory or exclusionary conduct. The SC also reaffirmed the importance of adopting an ‘effects-based analysis’ in cases pertaining to abuse of dominance.
