The CBCL Blog
- All
- Arbitration Law
- Banking Law
- Capital Markets and Securities Law
- CBCL - LSPR Series
- Commercial Courts Act
- Commercial Law
- Company Law
- Competition Law
- Contemporary Issues
- Contract Law
- Corporate Governance
- Debt Recovery
- Employment Law
- Energy Laws
- Foreign Direct Investment Regulations
- Guest Posts
- Insolvency Law
- Intellectual Property Law
- Investment Law
- Mergers & Acquisitions
- Promotion
- Sports Law
- Taxation Law
- Technology Law
- Trade Law
- Uncategorized
- Back
- Kaizen
[By Sehaj Mahajan] The author is a student of Bharati Vidyapeeth University, New Delhi. Introduction Recently, the Indian leniency regime has displayed a fair bit of uncertainty on a particular proposition i.e. Whether or not an admission of guilt is necessary in case of a lesser penalty application. On 27 June 2017, the Competition Commission of India (CCI) in Suo Motu Case No. 06 of 2017 (Beer…
[By Yuvraj Sharma] The author is a student of School of Law, Narsee Monjee Institute of Management and Studies, Hyderabad. Introduction In a nine-page ruling, the Securities Appellate Tribunal (SAT) criticises SEBI’s approach to disclosure-based laws, which allows corporations that have committed wrongdoing to be exonerated if they gain post-facto approval from their shareholders. This ruling creates a problematic precedent by allowing businesses to seek approval for…
[By Aisha Singh] The author is a student of Chanakya National Law University (CNLU), Patna. Introduction The Indian President’s approval of the Competition (Amendment) Act, 2023, is set to bring significant changes to the merger review procedure employed by the Competition Commission of India (CCI). With amendments aimed at simplifying the notification process, establishing deal value thresholds, and shortening the review window, this new legislation promises to…
[By Yash Arjariya] The author is a student of Hidayatullah National Law University. Introduction Section 5(21) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”) explains operational debt as a claim made in respect of ‘goods and services’. The earlier jurisprudence developed by the National Company Law Appellate Tribunal (hereinafter referred to as “NCLAT”) in M. Ravindranath Reddy v. G. Kishan & Ors and…
[By Rajdeep Bhattacharjee and Tanishq Rahuja] The authors are students of Symbiosis Law School, Pune. Introduction The Competition (Amendment) Bill, 2022 proposes the addition of sub-section d in section 5(B) of the Competition Act, 2002. This new provision requires companies to have “substantial business operations” in India to come under the act’s scrutiny. The Director General of the CCI can only launch a probe if there is…
[By Vanshika Arora and Kritika Oberoi] The authors are students of Army Institute of Law, Mohali. Introduction India is on the verge of formulating a Digital Competition Act (‘DCA’) however we are experiencing a divide in opinion with respect to the relevance of a special regulation, given the supposed sufficiency of the present regulatory framework. On one end of the spectrum lie proponents of an ex-ante framework…
[By Jahnvi Pandey] The author is a student of University of Petroleum and Energy Studies, Dehradun. Introduction The Committee of Creditors (“CoC”) is said to be the custodian of public trust during the Corporate Insolvency Resolution Process (“CIRP”). The Insolvency and Bankruptcy Code, 2016 (“IBC“) envisages a doctrine of commercial wisdom by virtue of which CoC exercise their commercial decisions. Section 33(2) of IBC states that CoC…
[By Priyanshi Jain] The author is a student of Institute of Law Nirma University. Introduction Insider Trading is an illegal act of dealing in securities of a company using Unpublished Price Sensitive Information (‘UPSI’) to gain an unfair advantage over other stakeholders. In September 2022, the Hon’ble Supreme Court (‘SC’) in Securities and Exchange Board of India v. Abhijit Rajan held that motive to derive profit should…