[Aditya Trivedi is an Associate with the Competition Advisory Services (India) LLP, New Delhi and an LL.M. student in Competition Law & Economics at the Brussels School of Competition and Vanshika Arora is a 4th Year B.A.LL.B. student at the Army Institute of Law, Mohali] In the vast tapestry of India’s economic landscape, the maritime sector stands as a pivotal contributor, shaping the...
Geopolitical and National Security Considerations in Outbound Foreign Investment
[Rajat Sethi is a Partner and Deborshi Barat a Counsel at S&R Associates, Advocates] In a world characterized by geopolitical shifts and heightened national security concerns, the realm of foreign investments is undergoing a profound transformation. Disruptive events, evolving alliances and strategic recalibrations are increasingly influencing how nations perceive the risks and opportunities...
Deciphering Tax Evasion: A Legal Perspective on Leveraging AI/ML for Robust Enforcement
[Syed Alwaz Asif is a penultimate year law student at Dr Ram Manohar Lohiya National Law University, Lucknow.] In an era where organizations and governments are inundated with vast amounts of data, the challenge of effectively detecting and preventing tax fraud has intensified. The overwhelming magnitude of information available often surpasses human capacity to discern intricate patterns and...
An Endeavour to Understand the “Endeavours” Clause and its “Legal Transplant” in India
[Shinoj Koshy and Radhika Malpani are with Luthra and Luthra Law Offices] Globalisation has led to a significant increase in the cross-border transactions and this in turn has led to “legal transplants” – a phenomenon where contracts memorializing cross-border transactions tend to include legal terms and concepts which are prevalent in other legal systems. The term “legal transplant” was coined...
Algorithmic Anti-Discounting in F.T.C. v. Amazon: Neo-Brandeisian Lessons for Competition Law
[Chytanya S Agarwal is a 3rd-Year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] Recently, the American Federal Trade Commission (‘FTC’) sued Amazon alleging that its practices unlawfully maintained its monopoly. The complaint was based on two main grounds – first, the algorithmic processes used by Amazon to curate its search results penalise the retailers...
Hybrid Settlements and Presumption of Innocence: The Conundrum of Verdict Under Veil
[Ishita Mishra is a fourth-year B.B.A. LL. B (Hons.) student at Symbiosis Law School, Pune] The European Commission (‘Commission’) issued its decision to establish the participation of Barclays, Deutsche Bank, RBS, and Société Générale in a cartel in the market for Euro Interest Rate Derivatives (‘EIRD’). The decision was adopted through a settlement procedure wherein the banks received a 10%...
Mandatory Arbitration Clauses: A Threat to Labour in India?
[Nankee Arora is a fourth-year law student at Jindal Global Law School] Mandatory arbitration clauses have become increasingly prevalent in employment contracts around the world. Employers seek to bind their employees to arbitration from the inception of their employment contract so in the event a claim arises they can take recourse to the speedier but more importantly confidential and largely...
PSUs and Competition Law in India: Balancing Public Interest and Market Efficiency
[Himanshi Yadav and Kartikey Baid are 4th Year B.A., LL.B. (Hons.) students at National Law University, Jodhpur] In the contemporary era of interconnected global trade and commerce, the principles of free and fair competition among not only private enterprises but also public and private sectors have become synonymous with a well-functioning free market. Consequently, the intersection of...
Evaluating SEBI’s Fit & Proper Test: Striking the Right Balance
[Dhaval Bothra and Akshat Jain are law students at Symbiosis Law School Pune and National Law University Delhi, respectively] Trust remains the cornerstone in matters of public money, and the Securities and Exchange Board of India (“SEBI”) is the watchdog of this trust. In furtherance of this aim, almost two years ago, the SEBI introduced amendments to the “fit and proper rule” under the...
Digital Personal Data Protection Bill: Balancing Privacy and Innovation
[Ananya Karnwal and Astha Agarwal are 5th year B.A. LL.B (Hons.) students at National Law University Odisha in Cuttack, Odisha] Recently, on 5 July 2023 the Digital Personal Data Protection Bill (“The Bill”) received approval from the Central Cabinet. This Bill has been finalized after multiple attempts of the government to create a holistic legislation to govern digital data of individuals that...
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