TagInternational Developments

Buyers’ Cartels in Indian Competition Law: Is it Time?

[Adyasha Samal is a student at the Hidayatullah National Law University] On 20 February 2020, the Ministry of Corporate affairs sought public comments on the Competition (Amendment) Bill 2020, which proposes sweeping substantive and procedural changes to the Competition Act 2002 (the “Act”). Among these is the significant inclusion of buyers’ cartels within the definition of cartels in section...

Is the Indian Arbitration Regime suited for The IBA Rules On Evidence? – Part II

[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] In the first part of this post, I critique the presence of an undefined good faith standard in imposing sanctions upon the parties in the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) pursuant to article 9(7) and how the same is particularly...

Is the Indian Arbitration Regime Suited for the IBA Rules On Evidence? – Part I

[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] The 2010 iteration of the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) institutes a commendable effort at harmonizing standards on the procedure for taking of evidence in the international arbitration regime. After the first set of rules...

Leniency Plus: A Potential Minus To The Indian Competition Framework?

[Vedantha Sai is a 4th year student at the National University of Advanced Legal Studies (NUALS) Kochi, India] Acting upon the Report of the Competition Law Review Committee, the Ministry of Corporate Affairs on 20 February 2020 introduced the Draft Competition (Amendment) Bill with the object of filling several gaps and revamping the competition law framework in India. It incorporates several...

India’s Insider Trading Regime: How Connected Are You?

[Prateek Bhattacharya is an Assistant Professor and Assistant Dean (Scholarships), Jindal Global Law School, O.P. Jindal Global University.] ‘Insider trading’ refers to the illegal buying or selling of a security in breach of a fiduciary duty or other relationship of trust. Such sale of a share or security is carried out on the basis of material non-public information (the term used in the United...

The Gig Is Up – Redefining Employment for Platform Workers

[Shreya Bhatnagar and Aatman Shukla are students of B.A. LL.B. (Hons.) at National Law University Delhi] Today, one of the greatest drivers of the ‘on-demand employment’ economy has been the rise of platform-based apps such as UberWorks or Urban Company, which have replaced traditional paper-applications and references for seeking employment. Such platform-based apps have eliminated the...

The Limits of Comity: Refusal to Recognise Foreign Insolvency Proceedings

[Aditi Mozika is a IV year B.Sc. LL.B. (Hons.) student at Gujarat National Law University] The recent decision of the National Company Law Appellate Tribunal (NCLAT) in the Jet Airways case has ushered in the era of cross border insolvency in India.[1] Accordingly, the Resolution Professional and the Dutch Trustee – the administrator in bankruptcy of Jet Airways appointed by the Dutch...

CCI’s E-commerce Report: A Cross-Jurisdictional Analysis

[Nidhisha Garg is a 4th-year B.A.LL.B (Hons.) student at the National Law Institute University Bhopal] On 8 January, 2020, the Competition Commission of India (CCI) released its report on e-commerce. The report is a result of an e-commerce market study carried out by the CCI starting April 2019, as a response to complaints by the Confederation of All-India Traders (CAIT) and National Restaurants...

Comparing Venture Capital Business Forms in India and China

My colleague Lin Lin and I have a working paper titled “Venture Capital In China And India: Does Business Form Matter?”. The abstract is as follows: This paper re-evaluates the importance of business organizational forms with regard to venture capital funds by exploring two major Asian markets, China and India. Evidence suggests that the limited partnership is the leading business form among...

“Group of Companies” Doctrine & Post-Negotiations in the Context of an Arbitration Agreement

[Achyutha GM and Pranika Correa are students at the Gujarat National Law University] The Supreme Court’s decision in Reckitt Benckiser (India) Pvt. Ltd. v. Reynders Label Printing India Private Limited on 1 July 2019 is a bittersweet journey for the doctrine of “group of companies”. The Court’s refusal to implead the foreign subsidiary saw the doctrine to its true spirit. However, a blanket ban...

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