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[By Prathamesh N Bhutada] The author is a student of Maharashtra National Law University, Mumbai. Introduction The United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) is a uniform contract law that was brought in place to harmonize the differences in governance by domestic law.[1] However, the convention is not all-encompassing. Scope of the application of CISG has been given under Articles 1-6…
[By Aditi Mishra] The author is a student of NMIMS School of Law, Mumbai. Introduction During M&A transactions, it is common for the seller to make representations and warranties to the buyer on several aspects pertaining to the target company such as material contracts, financial statements, tax information, intellectual property, etc. A representation is a statement of fact relating to the past or the present state of…
[By Oorja Newatia] The author is a student of National Law School of India University, Bengaluru. INTRODUCTION Recently, on the sidelines of the BRICS Competition Conference, the Competition Commission of India’s (‘CCI’) Chairperson has declared that the CCI is looking at ways to integrate sustainability dimensions into the competition law framework. India has declared an ambitious target to achieve carbon neutrality by 2070 and an emissions-intensity target…
[By Sanidhya Bajpai & Akash Gulati] The authors are students of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction The award for innovation in the modern world is your commercial exclusivity to that creation. In the pharmaceutical sector, innovation in drugs and consumables is endowed with patents granting a temporary monopoly. However, such temporary monopolies are sometimes virtually elongated with the use of trademark and trade…
[By Sanidhya Bajpai & Akash Gulati] The authors are students of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction Committed to maximizing profits, some mega-hospital chains have adopted unfair measures, and the patients often face the brunt of such measures. Through their numerous manoeuvres, these private super specialty hospitals have gone on to maximize their profits while the patients swallow the pill. Case in point, Max…
[By Anupam Verma & Navtej Vatsa] The authors are students of National Law University Odisha. Introduction India has witnessed a significant number of white-collar crimes (bribery, corporate fraud, etc.) in recent decades, because of which, and rightly so, questions have been raised on the competency of the country’s financial and corporate regulators. It is true that regulators should proactively employ all the resources at their disposal to…
[By Mohd. Fahad Ansari] The author is a student of National University of Study and Research in Law (NUSRL) Ranchi. Introduction Recently, the Competition Commission of India (CCI) has initiated investigative operations targeting technology giants such as Amazon, Whatsapp, Zomato, and others. This move has been prompted by the increasing prevalence of dominant practices among online platforms. In response to rising consumer demand for online services and…
[By Jaipreet Singh Alag] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction With the advent of the Delhi High Court’s judgement in the case of Bhavik S. Thakkar v. Union of India, a debate has started between the power of the customs authority to issue detention certificates and the right of the custodians to claim demurrage charges from the importers of…