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A Step Forward to List Equity on Foreign Exchanges

December 7, 2023

[By Vanshika Singh] The author is a student of Jindal Global Law School.   Introduction Ministry of Finance and Ministry of Corporate Affairs have been in the news lately as the discussion on listing of Indian equity on foreign stock exchanges is gaining traction. They have announced that the much-awaited framework for direct listing of Indian companies abroad could be introduced later this financial year. It is notably...

Comparative Analysis: Investment Opportunities with India’s MSM REITs Regulatory Framework

December 7, 2023

[By Dhrutvi Modi & Harshit Chauhan] The authors are students of Gujarat National Law University. INTRODUCTION In recent years, the Indian real estate market has grown significantly, with Real Estate Investment Trusts (REITs) playing a crucial role in attracting investments. Introduced in India in 2014 to enable small investors to access the real estate market, the market has been primarily dominated by large-scale REITs due to high investment...

The Concerns around the New Settlement and Commitment Provisions under the Competition (Amendment) Act, 2003

December 7, 2023

[By Akul Mishra] The author is a student of Jindal Global Law School. Introduction: The Competition (Amendment) Act, of 2023 introduced several amendments to its parent statute which was in force since 2002. However, the amendments ignore a specific red flag when it comes to ensuring accountability in the remedial actions taken by companies who may have violated Chapter II of the Act after being served a notice...

Aviation Industry’s Exclusion from Moratorium: A Catalyst for Change?

December 7, 2023

[By Rupakshi Sharma] The author is a student of Symbiosis Law School, Pune   Introduction: The present article analyses the exclusion of the Aviation Industry from imposition of Moratorium under S.14 of IBC,2016 w.r.t MCA Notification dt. 03.10.2023. It highlights the plausible advantages of this catalytic move while laying due emphasis on the enactment of CTC Bill, 2022 in light of the GoAir Fiasco.  I. Moratorium under S. 14 of IBC,...

A Multifaceted Examination of the Ramifications from CCI’s Approval of the Air India and Vistara Merger

December 7, 2023

[By Arjun Kapur & Akash Hogade] The authors are students of National Law University, Mumbai.   Introduction As airlines look to streamline operations and cut costs, mergers between airlines are becoming more frequent. However, as fewer competitors mean higher prices and poorer customer service for consumers, airline mergers can also raise concerns about the state of the market. The Competition Commission of India (CCI) enforces India’s competition law....

A Compromise with Ease of Doing Business under the Green Channel Route

December 7, 2023

[By Vrinda Gaur] The author is a student of Dr Ram Manohar Lohiya National Law University Lucknow.   INTRODUCTION The Competition Commission of India (CCI) has recently issued a warning to those using the Green Channel Route (GCR) for mergers and acquisitions. The Green Channel Route was created to make the merger process more efficient and faster and facilitate ease of doing business after Regulation 5A was added...

Tug of Statutes: IBC Emerges Victorious in Insolvency Resolution

December 5, 2023

[By Pratishtha Shrivastava] The author is a student of Institute of Law, Nirma University.   Introduction In the ever-evolving world of corporate insolvency jurisprudence, a recent decision by the National Company Law Tribunal (NCLT), Kolkata Bench, has cast a spotlight on the intriguing interplay between two significant legal frameworks: the Insolvency and Bankruptcy Code, 2016 (IBC), and the State Financial Corporation Act, 1951 (SFC). The case of Pankaj Tibrewal...

Code Sharing Agreement in India and Anti-Competitive Conduct

December 5, 2023

[By Siddharth Chaturvedi] The author is a student of National Law University, Jabalpur.   Introduction Many airlines in India are increasingly relying on Code Sharing Agreements in order to run their businesses. Code Sharing Agreements refer to a unique understanding between airlines where one airline places its code on another airline ( the airline that operates) and then markets and sells tickets for that flight. Such an agreement...

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