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S.3 of the Competition Act: Beyond Vertical and Horizontal Agreements

August 17, 2024

[By Anirud Raghav] The author is a student at NLSIU, Bangalore.   Introduction Even after two decades of competition jurisprudence, questions regarding the scope and applicability of s.3 of the Competition Act (hereinafter, “the Act”) persist. Briefly put, s.3 prohibits anti-competitive agreements, and is an indispensable feature of global competition jurisprudence (see Art.101 TFEU, s.2 of UK Competition Act, 1998 inter alia). A key unresolved issue is whether...

Streamlining Escrow Taxation: Identifying Inefficiencies and Proposing Solutions

August 17, 2024

[By Kushagra Dwivedi] The author is a student at Dr. Ram Manohar Lohiya National Law University.   INTRODUCTION Escrow agreements are a dominant payment mechanism for M&A transactions. Escrow agreements are a form of deferred payment where the consideration for a contract is payable at a future date rather than the date of disposal of asset. With the advent of the new Union Budget being so focused on...

Unravelling the Zee-Sony Conundrum & Its Implications for Mergers in The Indian Media Industry

August 17, 2024

[By Devina Somani & Manikya Manaswini] The former is a student at Jindal Global Law School and the latter is a practising lawyer.   The Merger Motive: What was Behind the Strategic Union of Zee and Sony? On 22nd December 2021, a Merger Corporation Agreement was entered into between, Zee Entertainment Enterprises Limited (“ZEEL”), Bangla Enterprises Private Limited (“BEPL”) and Sony Pictures Entertainment Networks (“SPNI”). The merger between...

To Write One’s Own Mandate: Introducing Self-Regulatory Organisations (SROs) in the FinTech Industry

August 6, 2024

[By Ansh Chaurasia & Mudrika Jha] The authors are students of Dr. Ram Manohar Lohiya National Law University, Lucknow. INTRODUCTION The Reserve Bank of India (hereinafter, ‘RBI’) has released the final Framework for Self-Regulatory Organisations (SROs) for FinTech Sector (hereinafter, ‘Framework’) on May 30, 2024, after releasing the draft for the same on January 15, 2024. The principle underlying the proposed Framework can be traced back to 2018...

Revamping Real Estate Investment: Evaluating SEBI’s Amendments to REIT Regulations

August 6, 2024

[By Arnav Laroia & Shashank Pandey] The authors are students of West Bengal National University of Juridical Sciences, Kolkata.   Introduction The Securities and Exchange Board of India (‘SEBI’) recently made significant changes to the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 (‘Regulations’) by an amendment, signalling a watershed moment in the evolution of the Indian real estate investment landscape. The SEBI (Real...

Balancing Fairness or Encouraging Delays? SC’s take on Recall Application

August 6, 2024

[By Anwesha Nanda & Ankit Raj] The authors are students of National Law University Odisha.   Introduction The essence of the Insolvency and Bankruptcy Code, 2016 (“IBC”) as per its Preamble is to guarantee timely resolution and revival of the Corporate Debtor (“CD”). By adhering to its core principle, it helps build confidence in creditors and minimise undue delay in the process of resolution. However, a recent ruling...

Quantum Voting: The Vanguard of Corporate Democracy in the Quantum Era

August 6, 2024

[By Tridha Gosain] The author is a student of DNLU Jabalpur.   Introduction As the world of business continues to grow and adapt over the years, maintaining governance and ensuring the transparency, security, and fairness of decision-making has remained an issue. As fundamental as conventional voting methods are to corporate democracy, they are becoming increasingly prone to vulnerabilities that include tampering, fraud, vote coercion, and voter anonymity. However,...

Closing the Loopholes: Strengthening SEBI’s Approach to Market Rumours

August 6, 2024

[By Priya Sharma & Archisman Chaterjee] The authors are students of National Law University Odisha   Introduction  To facilitate a uniform approach for verifying market rumours by listed entities, the Securities and Exchange Board of India (SEBI) recently notified the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2024 (the Amendments). These amendments were accompanied by a Circular on ‘Industry Standards on verification...

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