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[By Hitesh Nagpal] The author is a student at Maharashtra National Law University, Mumbai. In a recent decision, dated 9 June 2020, the National Company Law Tribunal(“NCLT”) Mumbai Bench in Indus Biotech Private Limited v. Kotak India Venture Fund-I, referred the financial creditor and the corporate debtor to arbitration while adjudicating a plea under section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). In this article, the...
[By Varsha Jhavar] The author is a student at Hidayatullah National Law University, Raipur. Introduction The world’s leading company in 5G innovation is embroiled in antitrust litigation with the United States Federal Trade Commission (hereinafter FTC), the US’ competition regulatory authority. On 21 May 2019, Judge Lucy Koh of the United States District Court for the Northern District of California held that Qualcomm was in violation of its...
[By Saksham Shrivastav and Urvisha Kesharwani] The authors are students at the National University of Study and Research in Law, Ranchi. To retrench the needless overlaps of liable stamp duties in the earlier regime and provide a more uniform and centralized collection system, the Government of India (“Government”) last year introduced certain legislative amendments. The amendments brought in by Chapter IV of the Finance Act 2019 (“Amendment”) to...
[By Srishti Suresh] The author is a student at NALSAR University of Law, Hyderabad. Introduction The recent National Company Law Appellate Tribunal (“NCLAT”) ruling in the case of Samir Agrawal v. Competition Commission of India & Ors.[i], effectively upheld the previous CCI Order[ii], in holding that the algorithms used by cab aggregators such as Uber and Ola, do not result in the creation of a hub-and-spoke cartel. In...
[By Antara Deshpande] The author is a student at National Law University, Odisha. In the last few years, India has attracted many global e-commerce giants like Amazon, Alibaba, Google, etc., with a growth rate of 17% in the financial year 2018-19. The rapid demand and progress in the e-commerce market have gradually increased the government’s inclination to regulate and maintain fair competition. With various ongoing government programs floated...
[ By Tushar Oberoy] The author is a student at NALSAR University of Law, Hyderabad. Last year, the Securities and Exchange Board of India (SEBI) introduced the informant mechanism for insider trading violations. The mechanism incentivizes whistleblowers by rewarding them with monetary sums in exchange for their knowledge of insider trading violations. This step by the securities market regulator is inspired by the US Securities & Exchange Commission’s...
[By Anusha Shekhawat] The author is a student of Institute of Law, Nirma University Introduction The Competition Commission of India (“CCI” or “Commission”) exercises certain legal powers that are provided by virtue of the Competition Act, 2002 (“Act”), to combat anti-competitive practices and regulate a fair and healthy competition in the market. The purpose of creating a quasi-judicial body was to promote awareness among people in order to...
[By Sridattha Charan] The author is a student of Symbiosis Law School, Pune. Introduction With the development of information and communication technology, the procurement and the supply of goods and services through electronic commerce (“e-commerce”) platforms have undergone a multi-faceted expansion all around the globe, including and especially in India.[i] Considering the growth of these e-commerce transactions, the Government of India has recently introduced Section 194-O in the...