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Competition Foreclosure in the App Economy by Apple and Google

July 18, 2022

[By Sharia Shoaib] The author is a student at the National Law University, Jodhpur. The Competition Commission of India (CCI) has recently probed into alleged abuse of the dominant position by Google for discriminately enforcing their payment systems on app developers. Google’s Play Store billing policy makes it mandatory for app developers to pay a hefty commission fee of up to 30 percent from the in-app earnings on the…

Licensing Fee for Immovable Property: The Expanding Scope of Operational Debt

July 14, 2022

[By KV Kailash Ramanathan] The author is a student at the National University of Advanced Legal Studies (NUALS), Kochi. Recently, the NCLAT in Jaipur Trade Expocentre Pvt Ltd vs M/s Metro Jet Airways examined the issue of whether claims of license fee for the use of immovable property to conduct business, falls within the ambit of ‘operational debt’ under S5(21) of the Insolvency and Bankruptcy Code (hereinafter referred to…

SEBI’s New Guidelines for IPOs: A Welcome Move?

July 14, 2022

[By Ayush Hoonka and Akarsh Singh] The authors are students at the School of Law, Christ (Deemed to be University). Introduction Over the years, the Indian capital market has undergone significant changes and has evolved over a period of time. This is especially true in regards to the equity segment of the capital market, where just the total market capitalization of the Indian equity market stood at 3.21 trillion…

A Critique On CCI’s Discretion to Vitiate an Inquiry

July 12, 2022

[By Ashutosh Rajput] The author is a student at the Hidayatullah National Law University, Raipur. The Draft Competition Amendment Bill, 2020 (Draft Amendment) proposes the insertion of clause (2A) to Section 26 of the Competition Act, 2002 (Act). The proposed amendment reads “The Commission may not inquire into agreements referred to in section 3 or into conduct of an enterprise or group under section 4, if the same…

Reviewing Merger Control Regime and Analysing Competition in the Aviation Industry: Tata-Air India Case Study

July 12, 2022

[By Divya Khanwani and Suneel Kumar] The authors are students at the National Law School of India University, Bengaluru. Introduction On January 27, 2022, Talace acquired 100% equity share capital and sole control over the management and operations of Air India and AIXL, and 50% equity share capital and joint control over the management and operations of AISATS. The transaction meets the threshold for activating a requirement of notifying…

PVR-INOX merger: Necessitating CCI To Be Empowered to Review Non-Notifiable Mergers

July 11, 2022

[By Swetha Somu and Sanigdh Budhia] The authors are students at the Gujarat National Law University. Mergers and acquisitions that fall below a certain threshold are not required to be disclosed to the Competition Commission of India (CCI) for prior clearance under the Competition Act, 2002 (the Act). This exemption, granted by the Indian Ministry of Corporate Affairs (MCA), is based on certain de-minimis thresholds enshrined under Section…

Issues pertaining to Broadcasting in Indian Premier League – A Way Forward

June 29, 2022

[By Manvee] The author is a student at Chanakya National Law University, Patna. Introduction Recently Indian Premier League became the world’s 2nd richest league and the reason behind this was that BCCI saw the auction of IPL media rights for more than 48,000 crores for the year 2023-27 cycle. IPL since its inception has proved to be beneficial in monetary aspects for the BCCI as well as the Indian…

Vallal Rck v. Siva Industries: Decision in the right direction?

June 29, 2022

[By Avik Sarkar] The author is a student at K.L.E. Society’s Law college, Bengaluru. Introduction In order to boost the investment regime in the country, the Government of India has introduced various enactments and amendments. Among them, the Insolvency and Bankruptcy Code, 2016 (‘the Code’) was one such enactment. It was introduced in order to bring the insolvency regime under one umbrella so that the investors could salvage…

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