Blog Posts
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CCI’s Approach to Conglomerate Mergers: Arguing for a Reconsideration
[Nishant Pande is a law graduate (B.A. LL.B. (Hons.)) from the NALSAR University of Law, Hyderabad (Class of 2021)] In late 2020, the Competition Commission of India (‘CCI’) expressed its intention to study the ownership patterns of private equity (‘PE’) investors. The CCI’s concern was based on the possibility that minority shareholdings of PE investors…
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Judicial Misinterpretation of Scope of Sanctions in Scheme of Arrangement
[Vasu Aggarwal is a student at National Law School of India University. He is grateful to Prof. Rahul Singh for inspiring him to write on this topic, and thankful to Prof. Rahul Singh and Prof. Umakanth Varottil for their comments on the earlier drafts of this post] This post argues that courts have misinterpreted the…
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Terminating Contracts with the Corporate Debtor during CIRP: Revisiting the Position
[Vaishali Movva is an associate at a law firm and a practicing advocate in Bengaluru] The provisions of the Insolvency and Bankruptcy Code 2018 (‘IBC’) and the regulations thereunder mandate that a moratorium be imposed on the assets of the corporate debtor during the corporate insolvency resolution process (‘CIRP’). While the moratorium does not explicitly…
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Call for Papers: NLIU Law Review
[This is an announcement on behalf of the NLIU Law Review] About the Journal The NLIU Law Review is the flagship journal of the National Law Institute University, Bhopal. It is a peer-reviewed academic law journal, published biannually by the students of the University. The Law Review aims to promote a culture of scholarly research…
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Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 2
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. The first part in the series is available here] High Court’s Analysis The High Court recorded that injunctions of legal proceedings in foreign claims may take one of three primary forms, i.e. ASIs, AASIs and AEIs.…
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Supreme Court on Applicability of IBC Moratorium to Cheque Bounce Cases
[Jai Anant Dehadrai is an Advocate based in New Delhi and Arnav Sinha is an Associate at Dehadrai and Company, New Delhi] The Supreme Court in its recent and landmark decision of P. Mohanraj v. Shah Brothers Ispat Pvt. Ltd., has put to rest the debate as to whether criminal proceedings under section 138 and…
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Call for Contributions: Contemporary Issues on the Laws of Insolvency and Bankruptcy
[Announcement on behalf of the Centre for Corporate Law, National University Odisha] Centre for Corporate Law, National Law University Odisha (hereinafter “CCL, NLUO”) proposes to come up with an edited volume with a multi-disciplinary approach on the “Contemporary issues on the laws of Insolvency and Bankruptcy”. Objective The Insolvency and Bankruptcy (hereinafter “I&B”) Code was…
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Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 1
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] In a significant judgment in Interdigital Technology Corporation v. Xiaomi Corporation(3 May 2021) (“Xiaomi”), the Delhi High Court speaking through C. Hari Shankar, J. recently clarified the principles governing an anti-enforcement injunction (“AEI”) by an Indian…
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Is There a Period of Limitation Governing CCI Filings?
[Shreya Kapoor is a 2nd year B.A.LL.B. (Hons.) student at National Law University Odisha] In its order dated 4 May 2021 in Neha Gupta v. Tata Motors, the Competition Commission of India (CCI) was presented with allegations of anti-competitive behaviour and abuse of dominance under sections 3 and 4 of the Competition Act (Act). More pertinently,…
