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Innovation and Data Privacy: Merger Review in Digital Markets: Part I

August 22, 2021

[By Tawishi Beria]  The author is a student at the Jindal Global Law School.  Part I Introduction The rapid rise of digital activity across the globe, bringing with it a growth in the might of a select few companies in such digital markets, has raised several concerns, including antitrust and privacy-related issues. In light of the nature of digital markets, characterised by very strong network effects, use of...

RBI Consultative Document on Microfinance: Transforming the Landscape

August 18, 2021

[By Tushar Chitlangia & Vipasha Verma]  The authors are students at the National Law University Odisha.  Introduction The Reserve Bank of India (RBI) released a Consultative Document on Regulation of Microfinance on June 14, 2021 (Document). Microfinance is a type of banking service which provides loan to small borrowers at favourable terms. Prima facie, the major policy changes the Document aims is abolishing the inconsistency of a regulatory...

Amazon & Flipkart v. CCI: Validity of CCI’s order under Section 26(1) of the Competition Act, 2002

August 17, 2021

[By Ishu Gupta]  The author is a student at Symbiosis Law School, Noida.  Recently, the Karnataka High Court (‘HC’) pronounced its judgement in Amazon Seller Services Pvt. Ltd. & Anr. v. CCI and Ors. (‘Amazon/Flipkart v. CCI’), a writ petition filed under Articles 226 and 227 of the Constitution of India, 1950 seeking to set aside an order of the CCI under Section 26(1), Competition Act, 2002 (‘CA’02’)...

Facebook’s Antitrust Misadventures: Finale In Sight?

August 17, 2021

[By Pragya Jain & Akshita Singh]  Pragya is a student at Hidayatullah National Law University, Raipur and Akshita is a student at National Law University Odisha, Cuttack General Overview Facebook’s iconic Senate hearing in 2018, while the punchline of many jokes for years to come, brought a fact into vivid perspective. The CEO, Mr. Zuckerberg, when prompted to provide the most accurate description of Facebook’s business, quipped simply...

MBO As Subset Of Pre-Pack: Future Of India’s Insolvency Resolution

August 14, 2021

[By Damini Chouhan & Vinisha Jain]  The authors are students at the Institute of law, Nirma University.  Background The Covid-19 pandemic was no less than a catastrophe for economies around the world. In India, insolvency resolution process among other economic activities has suffered a huge setback. The funds invested by the creditors have remained blocked for an entire year and the delay has worsened the stress on ailing...

Mapping the Potentiality of ESG and Crypto-Regulations: A Value-Driven Approach

August 14, 2021

[By Simran Lunagariya & Unnati Jain]  The authors are students at the Institute of Law, Nirma University.  Introduction Covid-19 has created unprecedented and irreversible business and regulatory disruptions across the globe. At this juncture, India is in dire need to stabilize its global economic position. The Indian economy has been adversely affected, and the GDP for the year 2020-21 went down by 7.7%. Also, a job loss of...

Homebuyers Tryst with Developers: Has the IBC covered it all?

August 14, 2021

[By Abhishek Jha & Rishi Raj]  The authors are students at the Maharashtra National Law University, Aurangabad.  Introduction The Insolvency and Bankruptcy Code 2016 (“the Code”), a milestone in the Indian Legislative journey has by far been successful in safeguarding the interests of most stakeholders, if not all. However, one such stakeholder has lagged behind, i.e., the homebuyers. Even after substantial developments in the Code, the homebuyers still...

Interplay Of Schemes Of Arrangement And IBC: A Case Study

August 8, 2021

[By Sourav Jena & Shivani Pattnaik] The authors are students at the National Law University, Odisha.  The insertion of Section 29A in the Insolvency and Bankruptcy Code, 2016 (“IBC”) has been a turning point in the Corporate Insolvency Resolution Process (“CIRP”). Prior to its existence, any individual who submitted a resolution plan could qualify as a resolution applicant. However, this technicality served as a ‘back-door entry’ for individuals...

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