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In-House Pharmacies: Abuse of Dominance & Distortion of Competition

October 27, 2023

[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...

Tackling Corporate Frauds with Carrot-over-Stick approach: Envisioning an Indian DPA

October 27, 2023

[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...

Navigating the Changing Landscape: CCI’s Approach to Defining Relevant Markets in the Digital Era

October 27, 2023

[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...

Analysing the Conflict Between Detention Certificates and Right to Demurrage

October 27, 2023

[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...

Investor Dispute Resolution with ODR

October 27, 2023

[By Anchal Raghuwanshi] The author is a student of Dharmashastra National Law University, Jabalpur.   INTRODUCTION Financial framework of a country represents the strong and efficient capital market inviting investors from around the world. The need for addressing disputes related to securities market has become crucial in order to have an effective capital market structure in the country. Investors who have suffered because of the mistakes of unscrupulous...

Balancing Autonomy and Oversight – SEBI’s Prudential Norms for Clearing Corporations

October 27, 2023

[By Tamanna Das Patnaik] The author is a student of National Law University, Odisha.   Introduction Financial Market Infrastructures (FMIs) play a vital role in the economy. They serve as coordinating mechanisms and bring a network of counterparties together for the efficient operation of financial markets. Clearing Corporations (CCs) are one such important category of FMIs that deal with the clearing and settlement of transactions, management of counterparty...

90 Days Period for Scheme of Arrangement – Mandatory or Directory?

October 27, 2023

[By Chetna Alagh] The author is a student of UPES, Dehradun.   The process of schemes of arrangement, which falls under the purview of the Companies Act, 2013, has a significant role to play in the dynamic world of corporate complexities. These arrangements provide businesses with a methodical way to restructure their operational and financial situations. A company is legally allowed to restructure its financial debts using a...

Pitfall of Deal Value Threshold: Lessons From the Indian Pharma

October 21, 2023

[By Monesh R B] The author is a student of Tamil Nadu National Law University, Tiruchirappalli.   Introduction: In the year 2018, the Ministry of Corporate Affairs of India constituted the Competition Law Review Committee (CLRC) in order to check and assess the implementation of the Competition Act of 2002 (hereafter ‘the act’). The CLRC submitted a report on 26 July 2019, highlighting the issues revolving around the...

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