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[By Vijpreet Pal] The author is a student at National Law Institute University, Bhopal. Introducing The Subsisting Punitive Framework The primary goals of Competition Law are to abolish anticompetitive practices, encourage competition and to protect consumer interests. For the effective fulfillment of these goals, there are three broad frameworks adopted by various nations throughout the world i.e. (a) Civil Sanctions, (b) Criminal Sanctions, and (c) Mixed. India…
[By Akanksha Agrahari & Arjun Nayyar] The authors are students at the NALSAR University of Law, Hyderabad. Introduction WhatsApp was heavily featured in the news recently when the Competition Commission of India took suo moto cognizance of the updated privacy policy and terms of service for its users. Due to its extremely large user base, as well as the network effects associated with it, the Commission held that…
[By Shubham Kumar Singh] The author is a student at Amity Law School Delhi. INTRODUCTION India boasts the third largest startup ecosystem in the world, with more than 50,000 startups, out of which more than 9,000 are technology-led startups. (i) India is also a host to more than 800 venture funds and 2,751 angel investors. (ii) In this thriving startup ecosystem, many unicorns like Flipkart, Zomato, Paytm, and…
[By Yasha Goyal and Shreya Ahuja] The authors are students at the Institute of Law, Nirma University. Introduction The Sustainable Development Goal 8 (“the SDG 8”) “is to promote sustained, inclusive, and sustainable economic growth, full and productive environment, and decent work for all”.[i] The target is to achieve these goals by 2030.[ii] The Covid-19 pandemic that hit the world in 2020 has not only affected healthcare but…
[By Samyak Jain] The author is a student at NMIMS School of Law, Mumbai. Waterfall mechanism under Insolvency and Bankruptcy Code (IBC or the code) prioritizes secured creditors over other stakeholders when secured creditors don’t enforce the security separately. This acts as an incentive for a lot of them to relinquish their security interest to liquidation estate. However, a situation of deadlock is created when joint charge holders…
[By Nimisha Sharma and Uddhav Tiwari] The authors are students at the National Law Institute University, Bhopal. INTRODUCTION Moratorium under Insolvency and Bankruptcy Code, 2016 (“IBC”) has been subjected to multiple legislative amendments and judicial enhancements. Recently, the Hon’ble Supreme Court (“SC”) in P. Mohanraj & Others v. M/s. Shah Brothers Ispat Pvt. Ltd.[i] solved the conundrum about the applicability of moratorium under §14 of IBC to proceedings…
[By Mansi Avashia] The author is a student at the Gujarat National Law University. Introduction The Tata-Mistry dispute has been one of the most controversial and hostile battles in the corporate sector of India. On March 26, 2021, the Supreme Court brought an end to this longstanding feud by setting aside the 2019 National Company Law Appellate Tribunal [“NCLAT”] order which had restored Cyrus Mistry as the Chairman…
[By Nandini Shenai] The author is a student at the NMIMS School of Law, Mumbai. Countries around the world are imposing strict restrictions and social distancing norms as the Covid-19 outbreak worsens and the number of positive reports and casualties continues to rise. The catastrophe has transformed into a financial downturn plummeting the financial sector into an unprecedented recession, as the wheels of economic development come to a stop.…