Tag: Foreign Investment
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CCI’s Market Study on Private Equity: Time to Clear the Air?
[Priya Maharishi is a 4th-year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat, Haryana] The issue of common ownership and its impact on the competition landscape has preoccupied the Competition Commission of India (CCI) for a long time. The concern has become pressing in the light of increase in private equity (PE) investments…
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Call for Submissions: Trade, Law and Development
[Announcement on behalf of Trade, Law and Development] The Board of Editors of Trade, Law and Development is pleased to invite original, unpublished manuscripts for publication in the Winter ’20 Issue of the Journal (Vol. 12, No. 2) in the form of ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’. Manuscripts received by August 15, 2020, pertaining to any area within…
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Is India’s Latest FDI Regulation in Violation of WTO Law?
[Ashi Mehta and Parv Kaushik are IV year B.A L.L.B (Hons.) students at the National Law School of India University, Bengaluru] On 17 April 2020, the Indian Ministry of Commerce & Industry issued a press note, which makes foreign direct investment (FDI) from an entity located in a land-bordering country subject to prior government approval.…
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India’s FDI Policy Distances Itself from Neighbours: Can China bring an MFN Claim?
[Smriti Kalra is a IV year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] On 17 April 2020, the Indian government issued a press note which makes foreign direct investment (FDI) from “an entity of a country, which shares land border with India or where the beneficial owner of an…
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Revised FDI Policy for Neighbouring Countries
[Divya Rau is a fourth year law student in Jindal Global Law School] The Department for Promotion of Industry and International Trade (DPIIT) released Press Note 3 (2020 series) on 17 April 2020. The Press Note alters para 3.1.1 of the Consolidated FDI Policy, 2017. The Press Note provides that any non-resident entity in a…
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Rationalization of Participatory Notes: SEBI’s Regulatory Conundrum
[Tushar Oberoy and Rishabh Sharma are 4th Year, BA.LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] In 2017, the Securities and Exchange Board of India (SEBI) had released a circular which practically rendered participatory notes (P-Notes) futile as an instrument for investment in India. The circular stated that foreign portfolio investors (FPIs) could not…
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Key Impact of the Proposed Reforms to the FDI Policy
[Rishabh Sharma is a IV Year BA.LLB. (Hons.) student at NALSAR University of Law, Hyderabad] On 28 August 2019, the Union Cabinet approved the proposed changes in foreign direct investment (FDI) norms in four sectors, namely, coal mining, digital media, single brand retail trading (SBRT), and contract manufacturing. The approved reforms in the FDI policy…
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Voluntary Retention Route for Foreign Portfolio Investors
[Bhawana Keshwani is a student at Law College Dehradun, Faculty of Uttaranchal University] In March 2019, the Reserve Bank of India (RBI) along with Government of India and the Securities and Exchange Board of India (SEBI) introduced a new window called “Voluntary Retention Route” to encourage Foreign Portfolio Investors (FPI) to lock their investments in…
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Food Combos: Whether Single-Brand or Multi-Brand Retailing?
[Akhil Kumar is a fourth year BA LLB (Hons.) student and Ayushi Singh a third year BA LLB (Hons.) student at NUALS, Kochi] Single and Multi-Brand Retail Trading According to paragraph 5.2.1. of the Foreign Direct Investment Policy (“Policy”), foreign direct investment (“FDI”) in the manufacturing sector is permitted in India under the automatic route.…
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DIPP’s Revised FDI Policy for E-commerce: Changing the Rules of the Game
[Baibhav Panda is a recent law graduate from KLE Law College, Bengaluru and is presently a legal trainee at Nucleus Software Limited] On 26 December 2018 the Department of Industry and Promotion (DIPP), Ministry of Commerce and Industry issued Press Note 2 (2018 series) introducing changes to the conditions that would be applicable to the…