[Priyadarsini T P is a 4th year B.A LL.B (Hons) student at the National University of Advanced Legal Studies, Kochi] Implications of data on competition are manifold. One of the ways in which these manifest is when a horizontal merger takes place between two undertakings in a market where data are the input for delivery of a certain service. The adverse effects may be more serious when the market...
Settlements in Antitrust in India: The Right Road Ahead?
[Yash Bajpai is a 5th year B.B.A., LL.B. (Hons.) student at Symbiosis Law School in Hyderabad] Introduction The concept of settlements is not something new to the global anti-trust regime. It is a regulatory mechanism used worldwide for disposing off anti-trust matters; however, this still seems to be a far fetched dream in the Indian competition regime. Several jurisdictions across the world...
Resolution of Disputes in the Insolvency Code: Need for Appellate Review
[Shubham Jain and Vishvesh Vikram are BA.LLB (Hons.) students at National Law University Delhi] The limits of the discretion which can be exercised by a resolution professional with regard to adjudication of claims of creditors under the Insolvency Code remain to be tested. The National Company Law Appellate Tribunal (‘NCLAT’) in Saraogi Udyog v Vedanta Ltd (20 August 2018) refused to interfere...
Competition Law Concerns with Android Operating System: European Commission Throws a Hammer on Google
[Rajat Sharma is a 4th year B.A. LL.B (Business Law Hons.) student at National Law University, Jodhpur] Introduction It is an undeniable fact that mobile internet services make up for more than half of the global internet traffic, as also stated by European Union Competition Commissioner Margrethe Vestager. The statement came after the European Commission (EC) imposed a mammoth fine on Google...
Territorial Scope under General Data Protection Regulation
[Kunal Garg is an associate at Alaya Legal Advocates, New Delhi] After years of discussion and debate, the European Union (“Union”/“EU”) adopted the General Data Protection Regulation (“Regulation”) on April 8, 2016 for personal data protection of natural persons. This Regulation came into effect on May 25, 2018 replacing the old Directive 95/46/EC (“Directive”) on data protection. All the...
Papers on Comparative Corporate Law and Governance in Asia
Hostile Takeover Regimes in Asia: A Comparative Approach, which I have co-authored with Wai Yee Wan. The abstract is as follows: “The market for corporate control (operating through hostile takeovers) acts as a key corporate governance mechanism to discipline corporate managers. However, the process and substance of regulating hostile takeovers differs remarkably among various jurisdictions...
Insolvency under Section 29A: Pre-Pack Pools & Independent Review of Connected Party Sales
[Rudresh Mandal and Hardik Subedi are 3rd year students of NALSAR University of Law, Hyderabad] While the Insolvency and Bankruptcy Code, 2016 (“IBC”) in section 5(25) initially allowed ‘any person‘ to submit a resolution plan, the moral hazard posed by defaulting promoters buying back the assets of the corporate debtor at steep discounts soon prompted the Government to bar certain...
Hush of the Whistleblower
[Guest post by Malek Shipchandler, who practices law with a firm in Mumbai. Views are personal and do not necessarily represent those of the firm.] The ongoing controversy at one of India’s most celebrated companies, built on high standards of corporate governance, raises some interesting issues for consideration from a whistleblower perspective. It was earlier reported that the Indian...
Legal Rights and the Vicissitudes of a “Comma”
“For want of a comma, we have this case”: thus began a judgment of the United States Court of Appeals For the First Circuit rendered earlier this week in O’Connor v. Oakhurst Dairy. The punctuation mark in question was more specifically the “Oxford comma”, which has been referred to as “an optional comma before the word ‘and’ at the end of a list”. This case involved a law enacted in...
Shareholder Primacy in India: So Near and Yet So Far!
[The following guest post is contributed by Professor Bala N. Balasubramanian, who is an Adjunct Professor at the Indian Institute of Management, Ahmedabad.][1] The scholarly debate on primacy among the shareholders, boards and the executive in corporate governance is intellectually as challenging as it is yet inconclusive, although more recent trends around the world would seem to suggest at...
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