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[By Lavanya Gupta] The author is a student at the Symbiosis Law School, Pune. Background The financial services industry, with its innate technology, has been a significant sector of economies across the globe, and this fact is supported by the existence of payment processing mechanisms, ATMs, etc. However, of late, a separate industry that exclusively focuses on the development of newer technologies for the financial services sector has...
[By Rushil Anand] The author is an associate at ALA Legal. Introduction – In what can be the watershed moment for Anti-Trust Cases in 21st Century, the Federal Trade Commission of United States, on 9th December 2020, sued Facebook for maintaining its monopoly illegally. According to the complaint, Facebook over the years has abused its dominance by imposing anti-competitive conditions such as, regressive policies that allow third-party Application...
[By Rozat Akolawala ] The author is a student at the Maharashtra National Law University, Aurangabad. Like any other tribunal, the National Company Law Tribunals (hereinafter ‘NCLT’) across the country, and the National Company Law Appellate Tribunal (hereinafter ‘NCLAT’) have inherent powers that are exercised to meet the ends of justice and prevent the abuse of process of the Tribunal. It is well settled that the Tribunals cannot...
[By Raghav Harini N] The author is a student at ILS Law College, Pune. The Competition Commission of India (CCI) recently published a report on a market study on the telecom sector in India. The Report examined the mechanics and the economics of the sector to identify potential competition law concerns. This post explores these concerns and analyses them from the lens of CCI and international jurisprudence to...
[By Divya Mann and Anubhav Chaudhary ] The authors are students at the National Law University, Lucknow. Introduction Today, it is a common business practice in India for companies to establish their subsidiaries and associate companies. While some of these big conglomerates’ companies may establish them for commercial interest,[i] Others are established to supplement the sister concerns. The assets and liabilities of these group companies are so intricately...
[By Milind Rajratnam and Anusha Maurya] The authors are students at the Dr. Ram Manohar Lohiya National Law University, Lucknow. During online shopping festivals such as Flipkart’s “Big Billion Days” and Amazon’s “Great Indian Festival”, e-commerce giants offer some major discounts on their products. In 2020, during the initial days of their flagship festive season sales, Flipkart and Amazon were raking together at $3.5 billion (about Rs 26,000...
[By Umang Pathak] The author is a student at the Jindal Global Law School. On 18th December 2020, the National Company Law Appellate Tribunal (“NCLAT”) in Rajnish Jain v. Anupam Tiwari & Anr., held that, neither the Resolution Professional (“RP”) nor the Committee of Creditors (“COC”) have the sufficient vires to determine disputed claims of creditors. Only the National Company Law Tribunal (“NCLT”) has the judicial authority to...
[By Hansaja Pandya] The author is a student at the Gujarat National Law University. Stewardship is defined as the art of conducting, supervising, or managing of something entrusted to one’s care. The Stewards of commercial markets are institutional investors like the pension funds, mutual funds, insurance companies, asset management companies, investment advisors etc. They shoulder a responsibility to exercise their rights as shareholders of investee companies in order...
