Introduction

In the dynamic landscape of India’s rapidly evolving economy, the principles of fair competition and trade practices play a pivotal role in fostering economic growth, protecting consumer interests, and ensuring a level playing field for businesses. At the heart of India’s competition regulation framework stands the Competition Commission of India (CCI), a statutory body established to promote and sustain competition in markets, protect the interests of consumers, and ensure freedom of trade. This article delves into the multifaceted aspects of competition and fair trade in India, exploring the historical context, the establishment and role of the CCI, the regulatory framework governing competition, and the landmark cases that have shaped the interpretation and application of competition law in the country.

Historical Context and Evolution

The journey of competition law in India can be traced back to the pre-independence era, with the Swadeshi movement emphasizing the need for economic self-reliance and fair market practices. However, the formal legal framework for competition regulation began to take shape in the post-independence period.

The Monopolies and Restrictive Trade Practices Act (MRTP Act) of 1969 marked the first significant step towards regulating monopolies and promoting competition in India. This Act was born out of the recommendations of the Monopolies Inquiry Commission, which highlighted the concentration of economic power in certain industrial houses. The MRTP Act aimed to control monopolies, prohibit restrictive trade practices, and prevent the concentration of economic power to the common detriment.

While the MRTP Act served its purpose for several decades, the economic liberalization of 1991 brought new challenges and opportunities. The opening up of the Indian economy to global competition necessitated a fresh approach to competition regulation. Recognizing this need, the government appointed a high-level committee chaired by S.V.S. Raghavan in 1999 to examine the relevance of the MRTP Act in the changed economic scenario and suggest a modern competition law.

Based on the recommendations of the Raghavan Committee, the Competition Act was enacted in 2002, laying the foundation for a new era in competition regulation in India. However, the Act faced legal challenges, leading to amendments in 2007 and 2009. The Competition Commission of India, established under this Act, became fully functional in 2009, marking the beginning of a robust and modern competition regime in the country.

The Competition Commission of India: Establishment and Mandate

The Competition Commission of India (CCI) was established under the Competition Act, 2002, with the primary objective of eliminating practices having an adverse effect on competition, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade carried on by other participants in markets in India.

Section 7 of the Competition Act, 2002, provides for the establishment of the CCI:

“The Central Government shall, by notification, establish a Commission to be known as the “Competition Commission of India”.”

This provision underscores the statutory nature of the CCI and its establishment as an independent regulatory body.

The mandate of the CCI, as outlined in Section 18 of the Act, is comprehensive:

“Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India.”

This mandate empowers the CCI to take a proactive role in shaping the competitive landscape of the Indian economy.

The CCI’s functions, as detailed in Section 19 of the Act, include:

Inquiry into certain agreements and dominant position of enterprise Inquiry into combinations Power to grant interim relief Power to impose penalty for non-furnishing of information on combinations

These functions provide the CCI with the necessary tools to investigate anti-competitive practices, regulate mergers and acquisitions, and enforce competition law effectively.

Regulatory Framework Governing Competition and Fair Trade in India

The regulatory framework governing competition and fair trade in India is primarily based on the Competition Act, 2002, and the various regulations issued under it. This framework addresses three main areas of anti-competitive practices: anti-competitive agreements, abuse of dominant position, and regulation of combinations.

Anti-Competitive Agreements

Section 3 of the Competition Act deals with anti-competitive agreements. It states:

“No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India.”

This provision prohibits both horizontal agreements (between competitors) and vertical agreements (between entities at different levels of the production chain) that have an appreciable adverse effect on competition. The Act provides for certain exemptions, such as joint ventures that increase efficiency in production, supply, distribution, storage, acquisition, or control of goods or provision of services.

Abuse of Dominant Position

Section 4 of the Act addresses the abuse of dominant position. It states:

“No enterprise or group shall abuse its dominant position.”

The Act defines dominant position as

“a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to operate independently of competitive forces prevailing in the relevant market; or affect its competitors or consumers or the relevant market in its favour.”

This provision prohibits practices such as imposing unfair conditions, predatory pricing, limiting production of goods or provision of services, and using dominance in one market to enter into or protect another relevant market.

Regulation of Combinations

Sections 5 and 6 of the Act deal with the regulation of combinations (mergers, amalgamations, and acquisitions). Section 6(1) states:

“No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in India and such a combination shall be void.”

The Act provides thresholds based on assets and turnover, beyond which combinations need to be notified to the CCI for approval. The CCI assesses these combinations to ensure they do not cause an appreciable adverse effect on competition.

Case Laws and Judicial Interpretations

The interpretation and application of competition and fair Trade in India have been significantly shaped by various landmark cases decided by the CCI and the appellate authorities. Some of the notable cases include:

MCX Stock Exchange Ltd. vs. National Stock Exchange of India Ltd. (2011)

This case dealt with the abuse of dominant position in the stock exchange market. The CCI held that the National Stock Exchange (NSE) had abused its dominant position by engaging in predatory pricing in the currency derivatives market. The CCI observed:

“Predatory pricing, in this case, was a means to distort competition in the relevant market with the objective of eliminating competitors… Such conduct of NSE amounts to unfair pricing in contravention of the provisions of Section 4(2)(a)(ii) of the Act.”

This judgment set a precedent for the interpretation of predatory pricing under Indian competition law.

Belaire Owners’ Association vs. DLF Limited (2011)

This case addressed the issue of abuse of dominant position in the real estate sector. The CCI found DLF Limited guilty of imposing unfair conditions on apartment buyers. The Commission stated:

“The conduct of DLF in imposing unfair conditions in the Agreement with buyers is in violation of Section 4(2)(a)(i) of the Competition Act… The Commission is of the view that the penalty should be sufficient to have deterrent effect on DLF and it should desist from continuing this unfair conduct.”

This case highlighted the application of competition law in protecting consumer interests in the real estate sector.

Matrimony.com Ltd. vs. Google LLC & Ors. (2018)

This landmark case dealt with the abuse of dominant position by Google in the online search market. The CCI imposed a fine of ₹135.86 crore on Google for “search bias” and abusing its dominant position. The Commission observed:

“Google was found to be indulging in practices of search bias and by doing so, it causes harm to its competitors as well as to users… Google was leveraging its dominance in the market for online general web search, to strengthen its position in the market for online syndicate search services.”

This case set a significant precedent for the regulation of digital markets under Indian competition law.

Recent Developments and Initiatives

In recent years, the competition landscape in India has witnessed several significant developments, many of which have been spearheaded or addressed by the CCI:

• Digital Markets

Recognizing the unique challenges posed by digital markets, the CCI has been proactive in addressing competition issues in this sector. In 2020, the CCI released a market study on e-commerce in India, highlighting various competition concerns in the sector. The study noted:

“Lack of platform neutrality, unfair platform-to-business contract terms, exclusive contracts between platforms and sellers/service providers, platform price parity restrictions and deep discounts were identified as major issues.”

This study has paved the way for more focused regulation of digital markets in India.

• Green Channel for Merger Approvals

In 2019, the CCI introduced the “Green Channel” for automatic approval of certain combinations. This initiative aims to fast-track the approval process for mergers and acquisitions that are unlikely to cause any appreciable adverse effect on competition. The CCI stated in its press release:

“The Green Channel is aimed to sustain and promote a speedy, transparent and accountable review of combination cases, strike a balance between facilitating ease of doing business in India and ensuring enforcement of competition law.”

This initiative has been welcomed by the business community as it reduces the regulatory burden for certain types of combinations.

• Leniency Program

The CCI has been actively promoting its leniency program to detect and deter cartelization. The program offers reduced penalties to entities that provide vital information about cartels. In the Zinc Carbon Dry Cell Batteries Market case (2018), the CCI granted significant reductions in penalties to leniency applicants, stating:

“The Commission considers it appropriate to grant the applicants reduction in penalty considering the stage at which the applicant approached the Commission, the evidence already in possession of the Commission, the quality of the information provided and the entire facts and circumstances of the case.”

This case demonstrated the effectiveness of the leniency program in uncovering cartel behavior.

Challenges and Future Prospects

Despite its significant strides, the competition regime in India faces several challenges:

• Balancing Regulation and Innovation

With the rapid evolution of technology and business models, particularly in the digital sector, the CCI faces the challenge of balancing the need for regulation with the imperative of fostering innovation. The Commission needs to develop nuanced approaches that address anti-competitive practices without stifling technological advancements and new business models.

• Strengthening Investigation and Enforcement Capabilities

As markets become more complex and global, the CCI needs to continually enhance its investigative and enforcement capabilities. This includes developing expertise in specialized areas like digital markets, intellectual property rights, and cross-border transactions.

• Harmonizing with Global Competition Regimes

In an increasingly interconnected global economy, the CCI faces the challenge of harmonizing its approach with international competition regimes. This is particularly crucial in cases involving multinational corporations and cross-border transactions.

• Addressing Sector-Specific Competition Issues

Different sectors of the economy may require tailored approaches to competition regulation. The CCI needs to develop sector-specific expertise and guidelines to address unique competition issues in areas like telecommunications, pharmaceuticals, and e-commerce.

To address these challenges, the CCI and the government have been taking various steps:

• Proposed Amendments to the Competition Act

The government has proposed amendments to the Competition Act to address emerging issues in competition law. These amendments aim to introduce provisions for dealing with new-age markets, revise merger thresholds, and introduce a settlement mechanism for certain types of anti-competitive conduct.

• Capacity Building and International Cooperation

The CCI has been focusing on capacity building through training programs, workshops, and international collaborations. It has signed Memoranda of Understanding with several international competition authorities to facilitate knowledge sharing and cooperation in enforcement.

• Market Studies and Advocacy

The CCI has been conducting market studies in various sectors to gain insights into competition dynamics and identify potential areas of concern. These studies inform the Commission’s enforcement priorities and advocacy efforts.

Conclusion

The competition and fair trade in India, under the stewardship of the Competition Commission of India, has evolved significantly since the enactment of the Competition Act in 2002. The CCI has played a crucial role in promoting fair competition, protecting consumer interests, and fostering a culture of compliance among businesses.

The journey of competition law in India reflects the country’s economic transformation – from a controlled economy to a liberalized one, and now navigating the complexities of the digital age. The CCI’s approach has evolved from being primarily enforcement-oriented to adopting a more nuanced, market-friendly stance that balances the need for regulation with the imperatives of economic growth and innovation.

As India aspires to become a $5 trillion economy, the role of effective competition regulation becomes even more critical. The CCI will need to continue adapting its strategies and tools to address emerging challenges, particularly in dynamic sectors like e-commerce, digital platforms, and technology-driven markets.

The future of competition regulation in India lies in striking the right balance between enforcement and advocacy, between protecting competition and fostering innovation, and between national economic interests and global harmonization. As the CCI continues to evolve and refine its approach, it has the potential to play a pivotal role in shaping India’s economic landscape, ensuring that the benefits of economic growth are equitably distributed and that markets remain competitive, innovative, and consumer-friendly.

The journey of competition law in India is an ongoing one, reflective of the country’s dynamic economic environment. As new challenges emerge and markets evolve, the principles of fair competition enshrined in the Competition Act, and upheld by the CCI, will continue to be a cornerstone of India’s economic policy, playing a crucial role in the country’s journey towards becoming a global economic powerhouse.

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Introduction

Competition is the lifeblood of a healthy economy, fostering innovation, driving down prices, and expanding consumer choice. However, when market power becomes concentrated in the hands of a few dominant players, it can stifle competition and harm consumers. In recent years, the rise of e-commerce has transformed the retail landscape, presenting both opportunities and challenges for competition policy. One of the key issues facing regulators is the phenomenon of predatory pricing, where dominant companies use aggressive pricing tactics to drive competitors out of the market and establish monopolies. This article examines the concept of predatory pricing in the context of e-commerce, its implications for competition and consumer welfare, and the challenges of enforcement in the digital age.

The Importance of Competition in the Digital Economy

Competition is essential for promoting efficiency, innovation, and consumer welfare in the digital economy. In e-commerce, where barriers to entry are often low, competition can be particularly fierce. However, the emergence of dominant platforms and online marketplaces has raised concerns about the abuse of market power. Predatory pricing is one tactic that dominant players may use to maintain or extend their market dominance. By undercutting competitors’ prices, these firms can drive them out of the market and ultimately harm consumers by reducing choice and innovation.

Understanding Predatory Pricing

Predatory pricing occurs when a dominant firm sets prices below its costs with the intention of driving competitors out of the market. The goal is to establish a monopoly position, allowing the firm to raise prices and exploit consumers. While predatory pricing is illegal under competition law, proving its existence can be challenging. Regulators must demonstrate not only that prices are below cost but also that there is a likelihood of recouping losses through future monopoly profits. In the digital economy, where pricing algorithms and dynamic pricing strategies are commonplace, detecting predatory pricing can be even more difficult.

The Rise of Online Shopping Festivals

Online shopping festivals, such as “The Great Indian Sale” and “Big Billion Day,” have become increasingly popular in recent years, attracting millions of consumers with deep discounts and special offers. While these events can benefit consumers by offering lower prices and exclusive deals, they have also raised concerns about potential antitrust violations and breaches of FDI policy. Critics argue that some e-commerce giants may use these festivals as a platform for engaging in predatory pricing, driving smaller competitors out of the market and consolidating their market power.

Challenges of Enforcement in the Digital Age

Enforcing competition law in the digital age presents unique challenges for regulators. Traditional measures of market power, such as market share and concentration ratios, may not capture the full extent of dominance in digital markets. Moreover, the use of algorithms and artificial intelligence in pricing decisions can make it difficult to prove intent in cases of alleged predatory pricing. Regulators must adapt their enforcement strategies to keep pace with technological advancements and ensure effective competition in the digital economy.

The Role of Regulatory Bodies

Regulatory bodies play a crucial role in enforcing competition law and protecting consumers from anticompetitive practices. In India, the Competition Commission of India (CCI) is responsible for investigating allegations of antitrust violations and promoting fair competition in the marketplace. However, the CCI faces significant challenges in detecting and prosecuting cases of predatory pricing, particularly in the fast-paced and complex world of e-commerce. To effectively address these challenges, the CCI may need to collaborate with other regulatory agencies and leverage technological tools to enhance its enforcement capabilities.

Balancing Consumer Welfare and Competition

Balancing consumer welfare and competition is a delicate task for regulators. While consumers may benefit from lower prices in the short term, the long-term consequences of reduced competition can be detrimental. Without effective competition, firms may have less incentive to innovate and improve their products and services, leading to higher prices and lower quality for consumers. Regulators must therefore strike a balance between protecting consumers from anticompetitive practices and fostering a competitive marketplace that benefits consumers and promotes innovation.

The Need for a Comprehensive Approach to Address Predatory Pricing

Addressing predatory pricing in e-commerce requires a comprehensive approach that involves collaboration between regulators, industry stakeholders, and consumer advocacy groups. Regulators must have the necessary tools and resources to detect and prosecute cases of predatory pricing effectively. This may include the use of advanced data analytics and machine learning algorithms to identify patterns of anticompetitive behavior. Additionally, regulators should work closely with e-commerce platforms and online marketplaces to develop guidelines and best practices for pricing strategies that promote competition and consumer welfare.

Conclusion: Combatting Predatory Pricing

In conclusion, predatory pricing poses a significant threat to competition and consumer welfare in the e-commerce sector. While online shopping festivals may offer consumers temporary discounts and special offers, they also raise concerns about potential antitrust violations and breaches of FDI policy. Regulators must adapt their enforcement strategies to effectively address these challenges and ensure a competitive marketplace that benefits consumers and promotes innovation. By collaborating with industry stakeholders and leveraging technological tools, regulators can help safeguard competition in the digital economy and protect the interests of consumers.

Download Booklet on E -Commerce Laws in India – Regulations, Taxation & Compliance

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The Competition Commission of India (CCI) stands as India’s premier competition regulatory authority, established as a statutory body under the Competition Act, 2002. Following the economic liberalization of 1991, India recognized the urgent need for a robust competition framework to prevent monopolistic practices and ensure fair market competition. The CCI became fully operational in May 2009, marking a significant milestone in India’s economic regulatory landscape [1].

The establishment of the CCI represented a paradigm shift from the earlier Monopolies and Restrictive Trade Practices Act, 1969, which had become inadequate in addressing the complexities of modern market dynamics. The Competition Act, 2002, was subsequently amended by the Competition (Amendment) Act, 2007, and later by the Competition (Amendment) Act, 2009, to strengthen the regulatory framework and enhance the CCI’s operational effectiveness [2].

Legislative Framework and Legal Foundation

The Competition Act, 2002, serves as the cornerstone legislation governing competition law in India. The Act was conceived to prevent practices having adverse effects on competition, promote and sustain competition in markets, protect consumer interests, and ensure freedom of trade carried on by other participants in markets of India. The Act has undergone significant amendments, with the most recent being the Competition (Amendment) Act, 2023, which introduced crucial changes including deal value thresholds and enhanced powers for the CCI [3].

Under Section 7 of the Competition Act, 2002, the CCI was established as a statutory body corporate, having perpetual succession and a common seal. The Act empowers the CCI with extensive jurisdiction over all matters relating to competition, including anti-competitive agreements, abuse of dominant position, and combinations such as mergers and acquisitions. The legislative intent behind the Act was to create a modern competition law regime that could effectively address the challenges of a liberalized economy while ensuring consumer welfare and market efficiency.

The Competition (Amendment) Act, 2023, introduced transformative changes to the regulatory landscape. The amendment established deal value thresholds, requiring transactions exceeding INR 2,000 crore to seek prior CCI approval, regardless of traditional asset and turnover thresholds. This change addresses the regulatory gaps in digital economy transactions where asset-light business models were previously escaping competition scrutiny.

Composition and Structure of CCI

The Competition Commission of India comprises a Chairperson and not less than two and not more than six members, as stipulated under Section 8 of the Competition Act, 2002. Currently, the CCI operates with a full complement of seven members, including the Chairperson, all appointed by the Central Government [4]. The current Chairperson is Ravneet Kaur, who leads the Commission with extensive experience in competition matters.

The appointment process for CCI members follows a structured selection mechanism involving a Selection Committee. As per Section 9 of the Act, the Chairperson and every member of the Commission must be persons of ability, integrity, and standing who have been or are qualified to be judges of High Courts, or who have special knowledge of and professional experience of not less than fifteen years in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, or administration.

The tenure of the Chairperson and members is five years from the date of assumption of office, or until they attain the age of sixty-five years, whichever is earlier. This structure ensures continuity in decision-making while preventing potential conflicts of interest through defined tenure periods. The Commission operates as a quasi-judicial body, possessing powers similar to civil courts in certain procedural matters, including the power to summon and enforce attendance of witnesses, require discovery and production of documents, and receive evidence on affidavits.

Functions and Powers of CCI

The CCI’s mandate encompasses three primary functions: eliminating anti-competitive practices, regulating combinations, and promoting competition advocacy. Under Section 18 of the Competition Act, the CCI is duty-bound to eliminate practices having adverse effects on competition, promote and sustain competition, protect consumer interests, and ensure freedom of trade in Indian markets.

The Commission’s investigative powers are substantial and carefully defined under the Act. Section 26 empowers the CCI to inquire into anti-competitive agreements and abuse of dominant position upon receiving information from any person, consumer, or trade association. The investigation process involves the Director General, who conducts detailed investigations and submits reports to the Commission. The CCI can impose penalties up to ten percent of the average turnover of the enterprise for the last three preceding financial years for anti-competitive practices.

In matters of combinations, the CCI exercises jurisdiction over mergers, acquisitions, and amalgamations that meet specified thresholds. The recent amendments have expanded this jurisdiction significantly. Previously, combinations were assessed based on asset and turnover thresholds. The 2023 amendment introduced deal value thresholds, bringing transactions valued above INR 2,000 crore under CCI scrutiny, provided the target entity has substantial business operations in India.

The CCI’s regulatory approach emphasizes market efficiency and consumer welfare. The Commission analyzes market dynamics, competitive landscape, and potential impacts on consumers before making determinations. This economic approach ensures that regulatory interventions are justified and proportionate to market realities.

Anti-Competitive Practices and Regulatory Response

The Competition Act identifies two primary categories of anti-competitive practices: anti-competitive agreements under Section 3 and abuse of dominant position under Section 4. Anti-competitive agreements include horizontal agreements such as cartels involving price-fixing, market sharing, and output restrictions, as well as vertical agreements that may cause appreciable adverse effects on competition.

The CCI has developed sophisticated analytical frameworks for assessing anti-competitive practices. In cartel investigations, the Commission employs economic analysis to determine market allocation, price coordination, and other restrictive practices. The leniency provisions under the Competition Commission of India (Lesser Penalty) Regulations, 2009, provide incentives for enterprises to voluntarily disclose cartel activities in exchange for reduced penalties.

Recent enforcement actions demonstrate the CCI’s evolving approach to competition violations. The Commission has been particularly active in addressing digital market challenges, where traditional competition analysis requires adaptation to new business models. Platform markets, data-driven business strategies, and network effects present unique analytical challenges that the CCI has been addressing through specialized expertise and international best practices.

The abuse of dominant position provisions require careful market definition and dominance assessment. The CCI analyzes market share, barriers to entry, buyer power, and other relevant factors to determine dominance. Once dominance is established, the Commission examines whether the entity has abused its position through predatory pricing, exclusive dealing, tying arrangements, or other restrictive practices.

Merger Control and Combination Regulation

Merger control represents a significant aspect of CCI’s jurisdiction, designed to prevent combinations that may cause appreciable adverse effects on competition. The regulatory framework requires mandatory notification for combinations exceeding specified thresholds, enabling the CCI to review transactions before implementation.

The traditional thresholds under Section 5 of the Act include asset-based criteria (assets worth INR 1,000 crore or more for acquiring entities, and INR 350 crore for target entities) and turnover-based criteria (turnover of INR 3,000 crore or more for acquiring entities, and INR 1,000 crore for target entities). The 2023 amendment introduced deal value thresholds, capturing transactions worth INR 2,000 crore or more where the target has substantial business operations in India [5].

The CCI’s merger review process involves detailed economic analysis of market concentration, competitive effects, efficiency considerations, and consumer welfare implications. The Commission applies the Substantial Lessening of Competition (SLC) test, examining whether a proposed combination is likely to cause or likely to cause appreciable adverse effect on competition within the relevant market in India.

The regulatory review timeline provides certainty to businesses while ensuring thorough analysis. The CCI must form a prima facie opinion within thirty working days of receiving complete information. If detailed investigation is required, the Commission has an additional ninety working days to make its final determination, extendable by a maximum of thirty days in exceptional circumstances.

Competition Advocacy and Market Development

Beyond enforcement activities, the CCI plays a crucial role in competition advocacy, promoting competitive markets through policy recommendations, market studies, and stakeholder engagement. Section 49 of the Competition Act empowers the CCI to provide opinions to statutory authorities on competition issues, contributing to broader economic policy formulation.

The Commission regularly conducts market studies to understand competitive dynamics in various sectors. These studies inform policy recommendations and help identify potential competition concerns before they crystallize into violations. Recent market studies have covered sectors such as e-commerce, telecommunications, pharmaceuticals, and financial services, providing valuable insights for policymakers and market participants.

The CCI’s advocacy efforts extend to capacity building and awareness creation. The Commission organizes training programs for government officials, judicial officers, and legal practitioners to enhance understanding of competition principles. International cooperation through bilateral agreements and multilateral forums helps align Indian competition law with global best practices while addressing cross-border competition issues.

Judicial Review and Appellate Mechanism

The competition law framework includes robust judicial review mechanisms to ensure accountability and legal certainty. The National Company Law Appellate Tribunal (NCLAT) serves as the appellate authority for CCI decisions under Section 53A of the Competition Act. This appellate mechanism provides an essential check on CCI’s exercise of power while ensuring specialized expertise in competition matters.

The Supreme Court of India exercises ultimate appellate jurisdiction over competition matters through appeals from NCLAT decisions. This hierarchical review structure ensures that competition law develops consistently with broader legal principles while maintaining specialized expertise at the tribunal level.

Recent judicial decisions have clarified important aspects of competition law interpretation and application. Courts have addressed issues such as the scope of CCI’s jurisdiction, the standard of evidence required for competition violations, and the relationship between competition law and sectoral regulations. These precedents contribute to the evolution of Indian competition jurisprudence and provide guidance for future cases.

Contemporary Challenges and Digital Economy

The digital economy presents unprecedented challenges for competition regulation worldwide, and India is no exception. Platform markets, data advantages, network effects, and algorithmic decision-making require sophisticated analytical approaches that go beyond traditional competition analysis. The CCI has been adapting its enforcement approach to address these challenges effectively.

Digital market investigations have revealed complex competitive dynamics where traditional market definition and dominance assessment may require modification. Multi-sided platforms, zero-price markets, and data-driven business models challenge conventional economic analysis. The CCI has been developing expertise in these areas while engaging with international competition authorities to share experiences and best practices.

The 2023 amendments partially address digital economy challenges through deal value thresholds, capturing asset-light digital transactions that previously escaped merger review. However, ongoing challenges include addressing data monopolization, algorithmic coordination, and platform self-preferencing, which require continued regulatory evolution.

International Cooperation and Best Practices

The CCI actively engages in international cooperation to enhance its enforcement capabilities and align with global competition law developments. Bilateral cooperation agreements with competition authorities facilitate information sharing, technical assistance, and coordinated enforcement actions in cross-border cases.

Participation in multilateral forums such as the International Competition Network (ICN), Organisation for Economic Co-operation and Development (OECD), and United Nations Conference on Trade and Development (UNCTAD) enables knowledge sharing and policy coordination. These engagements help Indian competition law evolve in line with international best practices while addressing domestic market specificities.

The CCI has been particularly active in developing country cooperation, sharing its experiences in competition law implementation and learning from other emerging economy challenges. This South-South cooperation contributes to global competition law development while addressing common challenges faced by developing economies.

Future Prospects and Regulatory Evolution

Looking forward, the CCI faces several challenges and opportunities in maintaining effective competition regulation. The continuing digital transformation of the economy requires ongoing regulatory adaptation and analytical sophistication. Emerging technologies such as artificial intelligence, blockchain, and Internet of Things present new competitive dynamics that competition law must address.

The regulatory framework may require further amendments to address contemporary challenges effectively. Areas for potential development include enhanced powers for market investigations, improved coordination with sectoral regulators, and strengthened international cooperation mechanisms. The CCI’s institutional capacity building remains crucial for meeting these evolving challenges [6].

The Commission’s role in promoting economic development through competitive markets continues to evolve. As India pursues ambitious economic growth targets, effective competition regulation becomes increasingly important for ensuring market efficiency, innovation incentives, and consumer welfare. The CCI’s contribution to this broader economic agenda requires continued institutional strengthening and stakeholder engagement.

Conclusion

The Competition Commission of India has established itself as a credible and effective competition authority since its inception. The legislative framework provided by the Competition Act, 2002, and its subsequent amendments creates a robust foundation for competition regulation in India’s evolving economy. The Commission’s enforcement record, advocacy efforts, and institutional development demonstrate its commitment to promoting competitive markets and protecting consumer interests.

The recent amendments to the Competition Act reflect the dynamic nature of competition law and the need for continuous adaptation to market realities. The introduction of deal value thresholds, enhanced investigative powers, and streamlined procedures position the CCI to address contemporary competition challenges effectively.

As India continues its economic transformation, the CCI’s role becomes increasingly significant in ensuring that markets work efficiently and competitively. The Commission’s success in balancing enforcement rigor with business certainty, while promoting innovation and economic growth, will determine its effectiveness in achieving the Competition Act’s objectives of protecting competition, consumers, and trade freedom in Indian markets.

The future of competition regulation in India depends on the CCI’s ability to evolve with changing market dynamics while maintaining its commitment to evidence-based decision-making and stakeholder engagement. Through continued institutional development, international cooperation, and regulatory innovation, the CCI can contribute significantly to India’s economic development goals while ensuring fair and competitive markets for all participants.

References

[1] Competition Commission of India. (2024). About CCI. 

[2] Ministry of Corporate Affairs. (2007). Competition (Amendment) Act, 2007. 

[3] Government of India. (2023). Competition (Amendment) Act, 2023. Retrieved from https://www.investindia.gov.in/team-india-blogs/competition-amendment-act-2023-significance-and-implications-competition 

[4] Competition Commission of India. (2025). Organization Structure. 

[5] S&R Law. (2023). Changes to the Competition Act, 2002. Retrieved from https://www.snrlaw.in/changes-to-the-competition-act-2002/ 

[6] Cyril Amarchand Mangaldas. (2021). Competition Law Developments in India. Retrieved from https://competition.cyrilamarchandblogs.com/ 

Authorized  by Vishal Davda

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Introduction

Radio chip technology, encompassing Radio Frequency Identification chips and semiconductor components used in wireless communications, has emerged as a critical area of intersection between intellectual property rights and competition law in India. The regulation of radio chip technology involves complex considerations of market dominance, patent licensing, and anti-competitive practices. This article examines the regulatory framework governing radio chip technology under the Competition Act 2002, the interplay with the Patents Act 1970, and the evolving jurisprudence that shapes how competition authorities address technology-related markets in India.

The semiconductor industry, which includes radio chip manufacturing and licensing, represents a sector where innovation, standardization, and competition concerns converge. Radio chips, particularly those incorporating standard essential patents for telecommunications and wireless technologies, have been at the center of significant legal disputes regarding fair licensing practices, royalty determination, and market dominance. Understanding how competition law applies to this sector requires examining the statutory framework, regulatory mechanisms, and judicial pronouncements that have shaped the current landscape.

The Competition Act 2002: Framework and Objectives

The Competition Act 2002 was enacted by Parliament to replace the Monopolies and Restrictive Trade Practices Act 1969, marking a fundamental shift in India’s approach to competition regulation [1]. The Act received Presidential assent in January 2003 and was subsequently amended by the Competition Amendment Act 2007 and the Competition Amendment Act 2009. The primary objective of the Act, as stated in its preamble, is to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets in India.

The Act established the Competition Commission of India as the principal regulatory body responsible for enforcing competition law. The Commission is a body corporate with perpetual succession and common seal, having the power to acquire, hold and dispose of property, both movable and immovable, and to contract and sue or be sued in its own name. The Commission consists of a Chairperson and not less than two and not more than six other Members appointed by the Central Government. Under the Act, the Commission has the duty to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in markets in India.

The Competition Act addresses three primary areas of concern. First, it prohibits anti-competitive agreements under Section 3, which includes agreements that cause or are likely to cause an appreciable adverse effect on competition in India. Second, it prohibits abuse of dominant position under Section 4, where enterprises holding positions of strength in relevant markets engage in conduct that adversely affects competition. Third, it regulates combinations under Sections 5 and 6, requiring notification of mergers, acquisitions and amalgamations that exceed specified thresholds and may cause adverse effects on competition.

The Act defines dominant position as a position of strength enjoyed by an enterprise in the relevant market in India which enables it to operate independently of competitive forces prevailing in the relevant market or affect its competitors or consumers in its favor. Neither the Act nor its implementing regulations provide specific market share levels above which market dominance can be presumed. Instead, Section 19 of the Act lays down factors such as market share of the enterprise, size and resources of the enterprise, size and importance of competitors, economic power of the enterprise, vertical integration, dependence of consumers, monopoly or dominant position, entry barriers, countervailing buying power, market structure and size of market, social obligations and social costs, and relative advantage by way of contribution to economic development, which the Commission shall consider while determining whether an enterprise enjoys a dominant position.

Prohibition of Anti-Competitive Agreements and Abuse of Dominant Position

Section 3 of the Competition Act 2002 prohibits enterprises from entering into agreements in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services which cause or are likely to cause an appreciable adverse effect on competition in India. Such agreements are consequently void. The provision distinguishes between horizontal agreements, which are agreements between enterprises engaged in similar trade of goods or provision of services, and vertical agreements, which are agreements between enterprises at different stages or levels of the production chain in different markets.

The Act presumes that certain horizontal agreements have an appreciable adverse effect on competition. These include agreements determining purchase or sale prices, limiting or controlling production, supply, markets, technical development, investment or provision of services, sharing the market by way of allocation of geographical area of market or type of goods or services or number of customers, and directly or indirectly resulting in bid rigging or collusive bidding. Such agreements are commonly referred to as cartels and are subject to stringent enforcement action by the Competition Commission.

Section 4 of the Competition Act prohibits abuse of dominant position. An enterprise or group shall not abuse its dominant position. The provision specifically identifies conduct that may constitute abuse, including directly or indirectly imposing unfair or discriminatory conditions in purchase or sale of goods or services, directly or indirectly imposing unfair or discriminatory prices in purchase or sale of goods or services, limiting or restricting production of goods or provision of services or market therefor or technical or scientific development relating to goods or services to the prejudice of consumers, indulging in practice or practices resulting in denial of market access, making conclusion of contracts subject to acceptance by other parties of supplementary obligations which have no connection with the subject of such contracts, and using dominant position in one relevant market to enter into or protect other relevant market.

The determination of abuse requires first establishing the existence of a dominant position in the relevant market, and second, demonstrating that the enterprise has engaged in conduct that constitutes abuse of that position. The Commission has discretion in applying these provisions, considering the overall competitive dynamics and effects on consumers and markets. The Act explicitly provides under Section 3(5) that nothing contained in Section 3 shall restrict the right of any person to restrain any infringement of, or to impose reasonable conditions as may be necessary for protecting any of his rights which have been or may be conferred upon him under the Copyright Act 1957, the Patents Act 1970, the Trade Marks Act 1999, the Geographical Indications of Goods (Registration and Protection) Act 1999, the Designs Act 2000, the Semi-conductor Integrated Circuits Layout-Design Act 2000. This provision recognizes the intersection between intellectual property rights and competition law.

Radio Chip Technology and Standard Essential Patents

Radio chip technology often incorporates standard essential patents, which are patents that are essential to implement technical standards adopted by industry bodies. In the telecommunications and wireless communications sectors, standards such as GSM, CDMA, LTE and other cellular standards require implementation of numerous patented technologies. Manufacturers of mobile devices, including radio chips that enable wireless connectivity, must obtain licenses to these standard essential patents to produce standards-compliant products.

The licensing of standard essential patents has been a contentious area in radio chip technology competition law in India, as well as globally. Patent holders who contribute their technologies to technical standards typically commit to licensing their patents on fair, reasonable and non-discriminatory terms, commonly known as FRAND commitments. These commitments are made to standard-setting organizations to ensure that the adoption of a particular technology as a standard does not confer excessive market power on patent holders or result in hold-up of implementers who have invested in the standard.

In India, the Competition Commission initially took cognizance of several cases involving allegations that holders of standard essential patents were abusing their dominant positions by imposing unfair licensing terms, charging excessive royalties, or imposing discriminatory conditions on different licensees. The cases primarily concerned patents essential to telecommunications standards, including those implemented in radio chips and baseband processors used in mobile devices.

The Competition Commission in cases involving Telefonaktiebolaget LM Ericsson raised concerns about royalty rates calculated as a percentage of the net selling price of devices rather than based on the value of the component implementing the patented technology. The Commission’s preliminary assessment suggested that such percentage-based pricing could constitute abuse of dominant position, particularly where the patented technology represented only a small component of the overall device value. The Commission also expressed concerns about potential patent hold-up and royalty stacking, where multiple patent holders each demanding royalties could collectively impose excessive costs on implementers.

The Patents Act 1970 and Competition Concerns

The Patents Act 1970 contains provisions specifically addressing competition concerns related to patent rights. Chapter XVI of the Patents Act deals with working of patents, compulsory licenses and revocation. Section 83 sets out general principles applicable to the working of patented inventions and specifies that patents are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article. The provision further states that patents are granted to make the invention available at reasonably affordable prices to the public, that patents are not granted to enable the patentee to enjoy a monopoly or to adopt practices which unreasonably restrain trade or adversely affect the international transfer of technology, and that patents are granted in a manner so as to prevent abuse of patent rights by the patentee.

Section 84 of the Patents Act provides for compulsory licensing where the reasonable requirements of the public with respect to the patented invention have not been satisfied, or the patented invention is not available to the public at a reasonably affordable price, or the patented invention is not worked in the territory of India. Section 84(6)(iv) as amended specifies that in considering applications for compulsory licenses, the Controller shall take into account whether the applicant has made efforts to obtain a license from the patentee on reasonable terms and conditions and such efforts have not been successful. The proviso states that this requirement shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti-competitive practices adopted by the patentee.

Section 84(7) provides that for the purposes of Chapter XVI, the reasonable requirements of the public shall be deemed not to have been satisfied if by reason of the refusal of the patentee to grant a license or licenses on reasonable terms the existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any other person or persons trading or manufacturing in India is prejudiced, and it is in the public interest that a license or licenses should be granted. This provision specifically addresses anti-competitive conduct by stating that reasonable requirements shall be deemed unsatisfied if by reason of conditions imposed by the patentee upon the grant of licenses or upon the purchase, hire or use of the patented article or process, the trade or industry of any person or persons trading or manufacturing in India in the article or process is prejudiced.

Section 90 of the Patents Act empowers the Controller to make orders for licensing of related patents in public interest. Section 140 provides for revocation of patents by the Appellate Board on various grounds, including that the invention has not been worked in the territory of India on a commercial scale or that the patentee has failed to satisfy the reasonable requirements of the public. The Act thus provides a framework within which competition-related concerns arising from patent rights can be addressed by the Controller of Patents or the Appellate Board.

Jurisdictional Conflict: Delhi High Court Judgment

The question of whether the Competition Commission has jurisdiction to investigate alleged anti-competitive conduct by patentees exercising their rights under the Patents Act came before the Delhi High Court in a series of consolidated cases. The Division Bench of the Delhi High Court in Telefonaktiebolaget LM Ericsson PUBL v Competition Commission of India and in related matters involving Monsanto Holdings delivered a significant judgment addressing this jurisdictional issue [2].

The Delhi High Court held that when a patent is issued in India and the patentee asserts rights under the Patents Act, the Competition Commission does not have jurisdiction to inquire into the actions of such patentee in exercise of its powers under the Competition Act. The Court observed that both the Competition Act and the Patents Act are specific legislations with regard to their respective fields. However, based on analysis of the provisions and remedies provided, the Court determined that the Patents Act provides powers to the Controller of Patents to deal with anti-competitive concerns and due to its character as lex specialis, its own criteria should prevail over considerations under the Competition Act.

The Court applied the principles of statutory interpretation, particularly the maxims generalia specialibus non derogant, meaning the general does not derogate from the specific, and lex posterior derogat priori, meaning later laws abrogate earlier laws. The Court noted that Chapter XVI of the Patents Act was introduced by amendment after the enactment of the Competition Act, and this Chapter comprehensively addresses issues related to unreasonable conditions in patent licensing agreements, abuse of patentee status, inquiries and relief provisions. The legislative intent was therefore apparent that matters relating to patents, unreasonable conditions in licensing agreements, abuse of status as patentee, inquiry in respect thereof and relief to be granted therefore are all to be governed by the Patents Act.

The Court distinguished the Competition Act as general legislation pertaining to anti-competitive agreements and abuse of dominant position generally, whereas the Patents Act specifically addresses these matters within the context of patents. The inclusion of Section 84(6)(iv) in the Patents Act by way of amendment after the Competition Act was passed, specifically referencing anti-competitive practices adopted by patentees, was particularly instructive of the legislative intent. The Court emphasized that in reconciling the two statutes, the subject matter in focus is not merely anti-competitive agreements and abuse of dominant position generally, but specifically the exercise of rights granted under the Patents Act.

Supreme Court Position and Current Status

The Competition Commission filed special leave petitions before the Supreme Court of India challenging the Delhi High Court’s decision [3]. The Supreme Court in September 2025 delivered its judgment confirming that the Competition Commission does not have jurisdiction to review conduct covered by the Patents Act. The Supreme Court ruled in favor of Monsanto Holdings and Telefonaktiebolaget LM Ericsson, holding that the Patents Act being a special statute prevails over the Competition Act which is a general statute in matters concerning the exercise of patent rights.

The Supreme Court emphasized that the original informants in the matters before the Competition Commission had already reached settlements and therefore there was no justification to interfere with the Delhi High Court’s order. The Supreme Court however clarified that any questions of law regarding the interplay between the Patents Act and the Competition Act remain open and may be addressed in future cases where actual disputes exist. The Court did not foreclose the possibility of revisiting these questions in appropriate circumstances.

This judgment reinforces the primacy of the Patents Act over the Competition Act in matters concerning the exercise of patent rights, particularly where remedies for anti-competitive conduct are already provided under the Patents Act. The Supreme Court’s decision upholds the principle that special legislation prevails over general legislation in case of conflict, and that sector-specific regulators have exclusive jurisdiction over issues arising from the exercise of rights conferred by such special statutes. The decision has significant implications for how competition law concerns related to patents, including the licensing of patents embodied in radio chips and other semiconductor technologies, will be addressed going forward.

Regulatory Framework for Radio Frequency Technologies

Radio chip technology utilizing radio frequency transmission is also subject to regulatory oversight concerning spectrum allocation and technical standards. In the United States, the Federal Communications Commission regulates radio frequency devices under FCC Part 15 [4]. Devices operating at frequencies of at least 9 kHz that generate radio frequency energy are subject to technical standards to minimize interference. Radio frequency identification systems and radio chips used in wireless communications must comply with applicable frequency allocation and technical specifications.

While India has not enacted specific legislation mirroring the CHIPS and Science Act adopted in the United States to promote domestic semiconductor manufacturing, there has been increasing recognition of the strategic importance of the semiconductor industry. The government has introduced initiatives to strengthen domestic semiconductor manufacturing capabilities and reduce dependence on imports. These policy initiatives complement the competition law framework by addressing supply chain resilience and technological self-sufficiency objectives.

Implications for Radio Chip Markets

The judicial clarification that the Patents Act takes precedence over the Competition Act in matters relating to patent rights has important implications for Radio Chip technology markets under Competition Law. Manufacturers of radio chips incorporating standard essential patents and other patented technologies can exercise their patent rights, including determining licensing terms, without direct intervention by the Competition Commission. However, such rights remain subject to the provisions of the Patents Act, particularly Chapter XVI, which addresses the working of patents, reasonable requirements of the public, and anti-competitive practices by patentees.

Licensees who believe that patent holders are imposing unreasonable licensing terms or engaging in anti-competitive practices can seek remedies under the Patents Act by approaching the Controller of Patents. The Controller has authority to grant compulsory licenses where anti-competitive practices have been established, to examine whether reasonable requirements of the public are being satisfied, and to ensure that patent rights are not abused to unreasonably restrain trade. This framework provides a mechanism to balance the legitimate interests of patent holders in obtaining returns on their innovations with the public interest in access to technology at reasonable terms.

The semiconductor industry, including radio chip manufacturing, is characterized by rapid technological advancement, high capital intensity, and complex value chains involving design, fabrication, assembly and testing. Competition in these markets depends on access to manufacturing capacity, intellectual property, and technological capabilities. The regulatory framework must therefore balance incentives for innovation and investment with ensuring competitive markets and preventing abuse of market power.

Digital Competition and Future Regulatory Developments

The Committee on Digital Competition Law constituted by the Ministry of Corporate Affairs released its report in March 2024 recommending enactment of a Digital Competition Act to enable ex-ante regulation of large digital enterprises [5]. The Committee noted that the current ex-post framework under the Competition Act 2002 does not facilitate timely redressal of anti-competitive conduct by digital enterprises. The Committee observed that present framework may not be effective to address irreversible tipping of markets in favor of large digital enterprises.

The proposed Digital Competition Act would empower the Competition Commission to designate certain large digital enterprises as Systemically Significant Digital Enterprises and Associate Digital Enterprises and to impose specific obligations on such entities. These obligations would include prohibitions on favoring their own products and services, using non-public data of business users to compete with those users, restricting users from using third-party applications, and requiring or incentivizing users to use other products or services offered by the designated enterprise. The draft legislation would enable ex-ante regulation, meaning intervention before harm occurs, rather than ex-post enforcement after anti-competitive conduct has taken place.

While the proposed Digital Competition Act primarily addresses online platforms and digital services, its principles may also have relevance under Competition Law for Radio Chip markets, to the extent these markets exhibit network effects, data advantages, or other characteristics typically associated with digital markets. The evolution of radio chip technology increasingly involves integration with software, cloud connectivity, and data processing capabilities, potentially bringing such technologies within the expanding scope of digital market regulation. The growing intersection between hardware technologies such as radio chips and software-driven platforms will therefore require careful consideration in the application of competition principles.

Conclusion

Radio chip technology and semiconductor markets in India are governed by a complex interplay of competition law, patent law, and sectoral regulations. The Competition Act 2002 provides the general framework for preventing anti-competitive agreements, prohibiting abuse of dominant position, and regulating combinations. The Patents Act 1970, particularly Chapter XVI, provides specific mechanisms for addressing competition concerns arising from the exercise of patent rights. The judicial pronouncements from the Delhi High Court and Supreme Court have clarified that the Patents Act, being a special statute, takes precedence over the Competition Act in matters relating to the exercise of patent rights.

This framework requires entities operating in radio chip markets to navigate carefully between the legitimate exercise of intellectual property rights and conduct that may constitute abuse under the Patents Act. In the context of radio chip technology and competition law, patent holders must ensure that their licensing practices satisfy statutory requirements, including working the patent in India, meeting the reasonable requirements of the public, and avoiding practices that unreasonably restrain trade. Licensees facing unreasonable licensing terms have recourse to the Controller of Patents for the grant of compulsory licenses or other appropriate relief.

Looking forward, the evolution of competition law enforcement in India will likely involve continued refinement of how traditional competition principles apply to technology markets characterized by rapid innovation, standardization, and network effects. The proposed Digital Competition Act represents a significant shift toward ex-ante regulation for certain digital markets. The semiconductor industry, including radio chip technologies, will need to adapt to this evolving regulatory landscape while maintaining incentives for innovation and investment that drive technological progress.

The regulatory framework must ultimately balance multiple objectives including promoting innovation, ensuring competitive markets, protecting consumer interests, and advancing strategic national objectives related to technology self-sufficiency. Achieving this balance requires coordination between competition authorities, patent authorities, and sectoral regulators, along with continued development of jurisprudence that addresses the unique characteristics of technology markets.

References

[1] Competition Commission of India. (2003). The Competition Act, 2002. Retrieved from https://www.cci.gov.in/images/legalframeworkact/en/the-competition-act-20021652103427.pdf 

[2] SCConline. (2023). Delhi High Court: Patent Act prevail over Competition Act. Retrieved from https://www.scconline.com/blog/post/2023/07/15/delhi-high-court-patent-act-prevail-competition-act-legal-updates-patent-act-special-statute/ 

[3] Shardul Amarchand Mangaldas. (2025). Indian competition law roundup: September 2025. Retrieved from https://www.amsshardul.com/insight/indian-competition-law-roundup-september-2025/ 

[4] Compliance Gate. (2023). RFID Product Regulations in the United States: An Overview. Retrieved from https://www.compliancegate.com/rfid-products-regulations-united-states/ 

[5] PRS India. (2024). Digital Competition Law. Retrieved from https://prsindia.org/policy/report-summaries/digital-competition-law 

[6] Oxford Academic. (2017). Patents and competition law in India: CCI’s reductionist approach in evaluating competitive harm. Journal of Antitrust Enforcement, 5(2), 299. Retrieved from https://academic.oup.com/antitrust/article/5/2/299/3788021 

[7] India Code. (2003). The Competition Act, 2002. Retrieved from https://www.indiacode.nic.in/handle/123456789/2010?view_type=browse 

[8] Norton Rose Fulbright. (n.d.). Competition law fact sheet: India. Retrieved from https://www.nortonrosefulbright.com/en/knowledge/publications/ba1b31d2/competition-law-fact-sheet-india 

[9] Kluwer Competition Law Blog. (n.d.). The Tussle over Jurisdiction: The Controller General of Patents v. Competition Commission of India. Retrieved from https://legalblogs.wolterskluwer.com/competition-blog/the-tussle-over-jurisdiction-the-controller-general-of-patents-v-competition-commission-of-india/ 

Published and Authorized by: Vishal Davda

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