Blog Posts
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Deconstructing the Google Meet Case under Competition Law
[Tushar Chitlangia and Nikshetaa Jain are 2nd Year BBA.LLB (Hons.) students at National Law University, Odisha] In the recent case of Baglekar Akash Kumar v Google (“G-Meet case”), the Competition Commission of India (“Commission”) has held that the integration of G-Meet and Gmail does not violate sections 4(2)(d) and 4(2)(e) of the Competition Act (“Act”).…
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Oriental Judgment: How Objective is “Just and Equitable” Interest Rate Modification?
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. He is grateful to Professor Manasi Kumar for providing her valuable comments on an earlier post, which were inspiration for the present post] Previously, I had examined the Supreme Court’s Division-bench decision in Oriental Structural Engineers…
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Section 29A and the Changing Landscape: The DHFL Saga
[Nikunj Maheshwari is a 4th year law student at the Institute of Law, Nirma University] The National Company Law Tribunal (NCLT), Mumbai Bench has recently provided a new twist to already labrynthine insolvency proceedings of the DHFL Group. The NCLT ordered the Committee of Creditors (CoC) to consider the resolution plan submitted by Mr. Kapil…
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Going for Gold: SEBI Proposes Gold Trading on Exchanges
[Arunimaa Jaiswal is a fourth-year student at Gujarat National Law University, Gandhinagar] Through the Union Budget 2021-22, the Government of India notified the Securities and Exchange Board of India (“SEBI”) as the regulator for gold exchanges in India. Upon such notification and in pursuance of the Government’s intention of establishing regulated gold exchanges in the…
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Insolvency and Personal Guarantors: Lalit Kumar v. Union of India
[Priyanka Pillai is an associate at IC Universal Legal, Mumbai] The protracted saga of the treatment of personal guarantors under the Insolvency and Bankruptcy Code, 2016 (the “Code”) seems to have been finally put to rest by the Supreme Court by way of its judgment in Lalit Kumar Jain v. Union of India. The inception…
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Arbitrator’s Award of Interest not ‘Patently Illegal’ Unless Contract Precludes
[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] It is a well-settled principle that ‘patent illegality’ is a valid ground for a court to set aside an arbitral award under section 34 of the Arbitration and Conciliation Act, 1996. Previously, I had jointly examined…
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The Delhi High Court in Ultra Homes on IP Jurisdiction
[Raghav Kacker is an Advocate practicing before the High Court of Delhi and various Tribunals and Ruchi Chaudhury is a postgraduate in anthropology and currently an LLB candidate at Jindal Global Law School] A plaintiff in an infringement suit is bestowed with a generous choice of jurisdiction in addition to what the Code of Civil Procedure, 1908 (“CPC”)…
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Unqualified Fair & Equitable Treatment Clause: It’s Time to Revamp
[Ameya Vikram Mishra is an associate at J. Sagar Associates, New Delhi and Nikhil Pratap an advocate practising in Delhi] Recently, Cairn Energy plc filed a petition in the South District of New York to attach Air India’s assets. This action has been taken pursuant to an award by an arbitral tribunal (“Tribunal”) constituted under…
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Replacing the Anachronistic Methods of Determining Dominance in EU Competition Law
[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…
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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…
