[Aryan Garg and Bishesh Joshi are undergraduate law students at NALSAR University of Law, Hyderabad] With the evolving technology, there has been a rise of new dynamic digital platforms. They deviate from the traditional business models in various ways. The modern-day digital platforms are multi-sided, due to which there are network effects, and they can operate on the basis of zero-price models...
Call for Posts: The CCL, NLUO Blog
[Announcement on behalf of the CCL, NLUO Blog] The Centre for Corporate Law is an initiative of National Law University Odisha, Cuttack that strives to promote interdisciplinary research in corporate law, and related fields like insolvency laws, securities law, etc. The Centre for Corporate Law is pleased to inform you about the launch of the “CCL Blog”. The CCL Blog is a two-tier, peer-reviewed...
Digital Markets: Need for a New Approach to Merger Regulation
[Manasvin Andra is a 4th year B.A., LL.B. (Hons.) student at NALSAR University of Law School, Hyderabad] The emergence of digital markets has heralded a remarkable shift in antitrust law, with the impact of mergers on potential competitors attracting particular attention in recent years. While authorities in the United States (‘US’) and the European Union (‘EU’) have begun deliberating on...
Initiation of CIRP against a Company in Liquidation: How Early is too Early?
[Subodh Asthana and Madhur Bhatt are 3rd year B.A., LL.B. (Hons.) students at Hidayatullah National Law University, Raipur.] Section 279 of the Companies Act 2013 [“Act”] envisages that no legal proceedings shall be admitted if the winding up petition of a company has been accepted by the court or the liquidation proceedings have begun. The article seeks to clarify whether an application to...
AIF Units as ‘Securities’ and its Ripple Effect on Taxation
[Priya Maharishi and Vansh Singla are 4th B.A. LL.B. (Hons.) students at Jindal Global Law School, Sonepat] With the growth of start-ups and early-stage companies, there is a continuous need for long-term capital investments and management expertise. Pooled investment funds can fulfil this need as they have forbearance unlike other sources of capital like public funding. These pooled investment...
IBC vis-à-vis PMLA: Does Section 32A Resolve the Question of Primacy?
[Manisha Arora is a 3rd year B.A., LL.B. (Hons.) student at Damodaram Sanjivayya National Law University, Visakhapatnam] The absence of definitive jurisprudence on the interplay of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and the Prevention of Money Laundering Act, 2002 (“PMLA”) has resulted in the uncertainty in their enforcement. While the IBC ensures the management of operations of a...
SEBI’s ‘Skin in the Game’ Directive – Investor Interest versus Employee Interest
[Aman Jha is a third-year student at National Law University, Delhi and Anurag Shah is a fourth-year student at School of Law, Christ University Bangalore] The Securities and Exchange Board of India (“SEBI”), through a circular dated April 28, 2021, has directed Asset Management Companies (“AMCs”) to compensate its key employees partly in the form of units of the mutual fund schemes managed by...
Analyzing the Fintech Implications of RBI’s Mandate for Interoperability
[Akshay Luhadia and Rohit Gupta are 3rd year B.A., LL.B. (Hons.) students at West Bengal National University of Juridical Sciences, Kolkata] On April 7, 2021, the Governor of the Reserve Bank of India (‘RBI’) announced significant changes in the policies regulating the operation of prepaid payment instruments (‘PPIs’) in India. According to the guidelines under the Payment and Settlement Systems...
“Clean Slate Theory” under the Insolvency & Bankruptcy Code: An Analysis
[Aditya Saraswat is a 5th year student at National Law University, Jodhpur] One of the foremost objectives of the Insolvency and Bankruptcy Code, 2016 (the “Code”) is to ensure timely resolution and revival of corporate debtors. For this purpose, various resolution plans are invited and deliberated upon before a final plan is selected. However, what if certain liabilities are imposed by the...
CCI’s “Control” Quandary: Practice, Precedent, And Proposals
[Prateek Bhattacharya is Associate Professor, Jindal Global Law School, Associate Dean & Associate Director, Centre for Postgraduate Legal Studies at Jindal Global Law School, O.P. Jindal Global University] As the Competition Commission of India (CCI) completes 10 years of its merger control regime, it has begun to settle down as an ex ante regulator of mergers so as to become the effective...
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