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The Confidentiality Conundrum in India’s Competition Framework

June 29, 2024

[By Sidhanth M K Majoo] The author is a student of National Law University, Odisha.   Introduction Competition Commission of India recently passed an order requiring Swiggy to share confidential business information. Swiggy filled a petition in the Karnataka High Court challenging this order on the ground that is it arbitrary and could detrimentally impact its business operations.  The dispute originates from a 2021 complaint by the NRAI,…

Hedging in Currency Derivatives Market: Is This End of Currency Derivatives?

June 6, 2024

[By Pranshu Agarwal] The author is a student of Institute of Law, Nirma University.   Introduction  The Exchange-Traded Currency Derivatives (“ETCD”) was introduced with the primary aim to enable traders and members to hedge their forex risk exposure, but they were using the ETCD platform for speculative trading without having any underlying contracted exposure. Although, the Reserve Bank of India (“RBI”) had stated that the Authorised Dealers (“AD”)…

From Consultation to Stagnation: Decoding India’s Crowdfunding Conundrum

June 6, 2024

[By Shruti Srivastava] The author is a student of National Law University and Judicial Academy, Assam.   Introduction Currently, India has more than 1,12,718 registered start-ups, making it the third largest start-up ecosystem globally after the USA and China. However, despite these burgeoning numbers, India has only 111 profitable unicorns. Among the many concerns that India’s startup ecosystem is facing, funding emerges as paramount. Though there are multiple…

SEBI’s Announcement: Short- Selling A Double-Edged Sword?

May 26, 2024

[By Zoya Farah Hussain & Vasundhara Mukherjee] The authors are students of National Law University Odisha.   INTRODUCTION  The volatile nature of the Indian securities market has effected various changes in the regulations overseeing the sector but despite the existence of this structured mechanism, there are numerous trading methods undertaken by investors for profit maximisation. In light of the recent announcement by SEBI, we aim to analyse the…

Imposition of Moratorium: Analysing the Need for A Broader Interpretation

May 26, 2024

[By Aditya Vaid & Anvita Sharma] The authors are students of Jindal Global Law School.   Introduction  In a significant ruling in the case of Ansal Crown Heights Flat Buyers Association (Regd.) v. Ansal Crown Infrabuild Private Limited and Others (“the case”), the Supreme Court of India recently delineated that the implementation of a moratorium as stipulated in Section 14 of the Insolvency and Bankruptcy Code (“IBC”) does…

Wrong Move? How the Proposed Digital Competition Bill will Lead to False Convictions and Crush Innovation

May 26, 2024

[By Anmol Aggarwal] The author is a student of Rajiv Gandhi National University of Law, Patiala.   Introduction  The Ministry of Corporate Affairs (“MCA”) on 12 March 2024 released the draft report of the Committee on Digital Competition Law (“CDCL”) and a Draft Digital Competition Bill (“the draft bill”). The CDCL report seeks to lower the threshold of proof required to determine anti-competitive practices by certain large undertakings…

Analyzing the Classification of I-REIT Units as Securities under the Securities Contract Regulation Act, 1956

May 26, 2024

[By Siddhant Shinde] The author is a student of MNLU Mumbai.   Introduction Real Estate Investment Trusts (‘REIT’) are instruments that allow investors to pool their collective resources and invest in publicly-traded securities, in the form of real estate, without having to make substantial capital commitments. Thus, they provide an avenue for consumers to invest in commercial real estate with regular returns to investors along with long-term capital…

Charting New Waters: SEBI’s Revised Approach to Short Selling

May 26, 2024

[By Vikas Saran & Pritha Lahiri] The authors are students of Institute of Law, Nirma University.   Overview:   In the dynamic landscape of securities trading, the contentious practice of short selling has emerged as a focal point of regulatory scrutiny. In response to the Adani Hindenburg fiasco and in alignment with the Supreme Court directive in the matter of Vishal Tiwari v. Union of India,  the Securities and…

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