Categories
Banking Coronavirus

COVID Pandemic, Bank Guarantees, and Special Equity: Desperate Measures For Troubled Times

By Shivanakar Sukul and Mudit Burad  The recent Covid-19 pandemic has tremendously altered the dynamics in which commercial contracts operate. In such desperate times when the business machinery of the nation has been brought to a grinding halt, several parties are not able to honour their end of the contract. Consequently, the creditors or the beneficiaries seek […]

Categories
Antitrust

Inclusion of Privacy as a Non-Price Competition Parameter

By Vishal Pathania In a digital economy or data-driven economy, data occupies the central position in new data-driven businesses. Collecting, storing, analysing, and working with data play an important role in the data-centred markets. In fact, data has become a significant source of market power.[1] This is the reason why many data-driven companies such as […]

Categories
Banking Securities

Internet and Mobile Association of India v RBI: Renaissance of India’s Cryptocurrency Market

By Laghavi Pahwa The Reserve Bank of India [“RBI”] in April 2018 issued a Circular[1] banning entities including banks from dealing with individuals or companies that trade in cryptocurrencies which eventually resulted in the virtual currency market in India coming to a standstill. However, it did not per se ban holding or trading in cryptocurrency […]

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Coronavirus Securities

Loot a house when it is on fire? : The fear of Chinese Hostile Takeovers during COVID 19

By Shreya Shrivastava The COVID-19 pandemic has had a profound economic impact across the globe. The entire industrial sector has come to a halt and unemployment claims are soaring high with an all-time low demand, courtesy of government-mandated restrictions. It is quite obvious that this resulting market will likely bring a rise in instances of […]

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Intellectual Property

Section 4A of the Draft Competition (Amendment) Bill, 2020: A Legislative Blunder Endorsing IPR Monopoly and Disrupting Balance

Yash Raj and Smriti Shukla This post has been revised to properly acknowledge the contributions to the argument made by Dr. Vikas Kathuria. The Ministry of Corporate Affairs [“MCA”] in February 2020, released in the public domain, the Draft Competition (Amendment) Bill, 2020[1] [“the Bill”] based on the report submitted in July, 2019 by the Competition Law […]

Categories
Antitrust

CCI’s Market study on E-commerce: A Pragmatic Path En Route Fixing Competition Law Impediments

By Aarya Deshpande and Sourabh Balwani Background The Indian e-commerce industry has seen phenomenal growth in the past few years and is expected to vitalise its accretion owing to broadening internet penetration and augmentation of smartphone users in the country. The growth of the e-commerce sector began in 2009, but has soared manifold since 2014, […]

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Securities

Reward for Revelation: A Critical Analysis on SEBI’s Informant Mechanism

By Dhruti Lunker and Isiri SD Introduction Acts of insider trading have been plaguing the securities market, thereby undermining its integrity and presenting an unfair and disadvantaged trading platform for the investors. SEBI under Sec. 12A of the Securities and Exchange Board of India Act read with Securities and Exchange Board of India (Prohibition of […]

Categories
Coronavirus

The Gendered Impact of Coronavirus

By Dhanishta Mittal “The fact that we do not have enough women in leadership roles in the context of decision-making on the response to this pandemic means that we are missing huge pieces of information, of experience and that impacts all.”[1] Coronavirus pandemic exacerbates inequalities for women, UN warns, THE GUARDIAN The COVID-19 pandemic has […]

Categories
Constitutional Law

To Resign or Not to Resign: Uddhav Thackeray’s Constitutional Conundrum

By Mayur Kulkarni Background At a time when the State of Maharashtra struggles to fight against the coronavirus pandemic, a constitutional crisis looms over Chief Minister Uddhav Thackeray, potentially forcing him to resign from his position. On November 28, 2019 Uddhav Thackeray took oath[1] as the Chief Minister, as the leader of the Maha Vikas […]

Categories
International Law

An Analysis of Ioane Teitiota v New Zealand: Paving the way for Climate Refugees and Non Refoulement Obligations of States under Article 6 of the ICCPR

By Urshila Pandit Introduction Slow and sudden environmental changes brought about by climate change are forcibly displacing individuals  to different countries due to the uninhabitable nature of such regions. The current scenario can be analysed utilising two legal instruments- the Convention Relating to the Status of Refugees, 1951 and Article 6 of the International Covenant […]