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THE DRAFT NATIONAL E-COMMERCE POLICY OF INDIA: HARMS MORE THAN IT BENEFITS

August 2, 2020

[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…

SEBI’s Informant Mechanism: Impact of the Incentives on Internal Compliance Programs

August 1, 2020

[ 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…

The Locus Standi of “Third Parties” Before the CCI: A Constricting Approach by NCLAT

July 24, 2020

[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…

TDS on E-Commerce Transactions: Is Section 194-O of the Income Tax Act Indispensable?

July 22, 2020

[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…

Solving the Enigma of Taxing Developed Plots Under GST

July 22, 2020

[By Shubham Gupta] The author is a student at National Law University, Odisha. It is a renowned, articulated and explicitly provided fact that selling of land does not attract any kind of tax as per the Goods and Services Tax. The reason provided for non-imposition of tax in case of sale and purchase of land is that they neither come under the purview of services nor under the…

Across Platform Parity Agreements: A facilitator of Hub-and-Spoke Cartels?

July 20, 2020

[By Ritvik Maheshwari and Vatsla Shrivastava] The authors are students at National Law University Odisha, Cuttack, and National Law Institute University, Bhopal, respectively. Introduction The advent of the Internet has proven to be a groundbreaker in the introduction of new ways of commerce and business. With the incessant inclination towards e-commerce, online platforms for search and comparison of products and services have become commonplace. Consequently, a special type…

Broadening Perspectives in the Age Of Digital Markets: The Need For a Renewed Approach

July 19, 2020

[By Srishti Suresh] The author is a student at NALSAR University of Law, Hyderabad. Introduction In the context of digital platforms, the intricate and unique structure of two-sided models have confounded antitrust regulators’, in delineating the right approach of scrutiny to be adopted. Motivated to strike an optimum balance between excessive regulation and undervaluation of market effects, antitrust authorities have been rather skeptical in analyzing the complexity posed…

The Blind Spot in Appellate Tribunal’s Jurisdiction Under the Competition Act, 2002

July 18, 2020

[By Sajith Anjickal] The author is a student at the National Law School of India University, Bangalore. Introduction Section 53A of the Competition Act, 2002 (‘Act’) deals with the scope of the Appellate Tribunal’s power to hear appeals against directions issued, decisions made, or orders passed by the Competition Commission of India (‘CCI’). In terms of the powers of the CCI under Section 26, Section 53A(1)(a) allows appeals only…

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