Categories
Competition Law

Assessing the Green Channel Route under Competition Act, 2002

Akanksha Vishwakarma I. Abstract Mergers and acquisitions remain a strong pillar for any economy. The concept of merger control grew in world economy due to the adverse effect that hostile mergers can have on the market competition. In India, the merger control regime is undertaken under Competition Act, 2002 and its allied rules and regulation. […]

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Competition Law Insolvency

Markets Constructed through Insolvency: Deferred Control, Finality, and the Structural Limits of Competition Law

Himanshu Yadav Insolvency Beyond Rescue: Engineering Opacity at the Intersection of Competition and Resolution Law The discourse relating to the interface between the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Code (IBC) has been plagued mainly by procedural impediments, long timelines, sequential clearance requirements and lapses in corporate defence mechanisms. Practitioners look […]

Categories
Antitrust Competition Law

COMPETITION BEYOND EARTH: ANTITRUST LAW AND THE RISE OF PRIVATE SPACE IN INDIA

Sheetal Vasundhara & Viswajeet Chaudhary Introduction “The question to ask is whether the risk of travelling to space is worth the benefit. The answer is an unequivocal yes, but not only for the reasons usually touted by the space community: the need to explore, the scientific return, and the possibility of commercial profit. The most […]

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Competition Law Insolvency

BEFORE THE WHISTLE: CRITICAL ANALYSIS ON INDIA’S GUN JUMPING SHIFT

Mahadev Krishnan and Nitin Pradhan Introduction In sports, a false start occurs when a runner jumps the gun (i.e., starts before the whistle) and is penalized accordingly. This principle is easy to understand: nobody should gain an unfair advantage by jumping the gun. The same logic applies in the realm of competition law. Gun jumping […]

Categories
Competition Law Insolvency

RACE AGAINST THE CLOCK: SYNCHRONISING COMPETITION AND INSOLVENCY LAW

Divey Pratap Singh Rana Introduction In the case of Independent Sugar Corporation Ltd v. Girish Sriram Juneja, three judge bench of supreme court pronounced a judgement in ratio 2:1 which ruled that the approval of a Resolution Plan (RP) from the  Competition Commission of India (CCI) must be taken prior to the approval of the […]