China’s new Anti-Monopoly Law took effect on August 1, 2008. Financial Times, in a news report published last week (July 28, 2008), has a brief comparison between the Indian and Chinese positions on antitrust. The report observes: “Tough antitrust laws that take effect in China this week and India later this year could delay or thwart high-profile cross-border mergers and acquisitions, lawyers...
Commercial Disparagement as a Tool in Corporate Battles
(In the following post V. Niranjan, a B.A., LL.B (Hons.) student at the National Law School of India University, Bangalore and Editor, National Law School of India Review, analyses recent court rulings on the issue of ‘comparative’ advertising and commercial disparagement) The Delhi High Court very recently disposed of two cases relating to commercial disparagement, on the same day. This practice...
Supreme Court on Fringe Benefit Taxes
(In the following post Shantanu Naravane, a 4th Year B.A., LL.B (Hons.) student at the National Law School of India University, Bangalore, examines one of the first Supreme Court decisions on fringe benefit taxes) Ever since its introduction by the 2005 Finance Act, the concept of Fringe Benefit Taxes [“FBT”] has spawned several controversies. However, the first judicial consideration of its...
Supreme Court on Winding-up Petition by a Contributory
Usually, in a merger, the resulting company becomes entitled to all the rights (and subject to all the liabilities) of the merging company. This includes the exercise of rights in respect of shares in other companies (which we shall call target companies) held by the merging company, as the resulting company would become the owner of those shares. However, it appears that would not be true in all...
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