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[By Hitoishi Sarkar and Mr. Animesh Anand Bordoloi] Hitoishi is a student at Gujarat National Law University and Animesh is pursuing his LL.M from the National University of Singapore (NUS), Law. On 4th March 2020, the National Company Law Appellate Tribunal (India) (NCLAT) set aside an earlier order by the Competition Commission of India (CCI), which refused to investigate Flipkart India on charges of abuse of dominant market...
[By Riya Jain and Kajal Singh] Riya is a graduate from the Institute of Law, Nirma University and Kajal is currently a student at the Institute of Law, Nirma University. Introduction Set-off is a plea in defense, which by adjustment would wipe-off or reduce the liability of the debtor.[i] It is an equitable right that allows parties to cancel or offset the mutual debts that the parties owe towards each...
[By Nidhi Thakur and Akshita Tiwary] The authors are students at Government Law College, Mumbai. Introduction The current Covid-19 pandemic has had an adverse impact on economies all over the world. The global financial crisis has resulted in recession, tightening of credit markets and a widespread lack of economic confidence. All of this has resulted in a substantial increase in insolvencies. Most commercial contracts include an arbitration clause...
[By Kirti Talreja and Abhishek Singh] The authors are students at National Law University, Odisha Introduction The Competition Act, 2002[i] (hereinafter “The Act”) was enacted with the objective of ensuring healthy competition and eradicating anti-competitive practices in the market. Competition authorities across the globe have considered cartels as the most heinous form of anti-trust offence. Eradicating cartels have been the top-most priority of most of the jurisdictions and...
[By Dhriti Mitra] The author is a student at Symbiosis Law School, Pune. Introduction GAFA, an acronym coined in France for Google, Apple, Facebook, and Amazon, identifies these Big Tech companies as an entity with expansive capital infrastructure and great customer reach. However, the fact that these companies can use their popularity to ensure that its products sit on top while suppressing competition in downstream markets, have repeatedly...
[By Vanya Chhabra & Sadhvi Chhabra.] Vanya is an associate at AZB & Partners, Delhi and Sadhvi is a student at National Law University, Jodhpur. The blog post seeks to address the introduction of ODR by the RBI as the need of the hour on account of increased digitalization and growth in the digital payments ecosystem. It traces and attempts to capture the transition in approach to a...
[By Ridhi Arora and Hitoishi Sarkar] The authors are both students at Gujarat National Law University. On 22 July 2020 the former head of Deloitte Haskins and Sells LLP, Udayan Sen was banned from being appointed as an auditor or internal auditor for any company for a period of seven years in an order passed by the National Financial Regulatory Authority (“NFRA”) The NFRA found him guilty of...
[By Abhinav Gupta] The author is currently a student at National Law University, Jodhpur. Introduction The ever-increasing integration of technology with daily functions has led to better innovations and has revolutionized commercial transactions. One such prominent innovation is Blockchain Technology. It has varied applications and has the potential to impact the functioning of a wide array of commercial activities, from a small It is expected that the Blockchain...