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[By Lavanya Jha and Shreya Jha] The authors are students of WBNUJS, Kolkata and Amity Law School, Delhi respectively. Introduction The growth in anti-competitive concerns due to the rapidly evolving business landscape in India, has led to amendments being proposed in the Competition Act, 2002 (“Act”) by the Ministry of Corporate Affairs. One of such proposed amendments includes the expansion of the scope of cartels. Earlier, under the...
[By Sumit Jain] The author is a Senior Resident Fellow at the Centre for Competition Law and Economics. Introduction The Competition Act, 2002 (“Act”) was introduced in order to keep pace with economic reforms and pay due focus on sectoral expertise in the country. One such industry which has gained prominence since the Competition Commission of India’s (“the Commission” or “CCI”) inception, is the Indian sports industry. The...
[By Kartikey Sahai] The author is a fifth year student of Institute of Law, Nirma University. Introduction India and China, two of the top 10 economic superpowers of the world have, in a way, put to terms, their political debacle with India blowing a major cog in the wheel of China’s upper handedness, by putting restrictions on Chinese investment in India. On April 17, 2020, the Department for...
[By Animesh Khandelwal and Surbhi Kapur] Both the authors are lawyers based in New Delhi. Introduction Pandemics have a potential to be very disruptive, entail a catastrophic effect with a staggering cost on one and all. With Covid-19 being declared as a pandemic, the global community is left helplessly supine with irreparable loss to the lives of the people. All the sectors of the Indian economy have suffered...
[By Ishita Soni and Sanjana Karnavat] The authors are third year students of Symbiosis Law School, Pune. Introduction The Insolvency and Bankruptcy Code, 2016 (“the Code”) consolidates India’s insolvency laws under one comprehensive scheme to ensure value maximization of an insolvent debtors’ assets for the benefit of all stakeholders.[i] The Code classifies all creditors as either financial creditors or operational creditors based on the kind of debt Corporate Debtor...
[By Prasad Hegde] The author is a fourth year student of Gujarat National Law University. Background On 13 January 2020, the Competition Commission of India (“CCI”) passed directions to carry out investigations into alleged violation of Section 3 and 4 of the Competition Act, 2002 (“the Act”) by ‘Flipkart Internet Pvt. Ltd.’ and ‘Amazon Seller Services Pvt. Ltd.’ (“Opposite Parties” or “OPs”). The information was filed by Delhi...
[By Srishti Suresh] The author is a third year student of NALSAR, Hyderabad. Introduction The outbreak of COVID-19 has disrupted markets and economies over the world. India too, is facing its fair share of disruption and apprehension, owing to the uncertainty that surrounds the pandemic. Businesses and large scale enterprises facing significant losses due to reduced revenues, might seek to palliate the commercial damage caused, by resorting to...
[By Arjun Sahni and Moksh Roy] The authors are third year students of Symbiosis Law School, Noida. Introduction The regime and system of international arbitration, including the procedure, applicable laws, inter alia, are ever changing. One such issue pertains to the element of arbitrability, that is, whether a particular subject matter is capable of being referred to arbitration or not. This problem arises even when there is an...