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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
Antitrust

Deciphering the Competition Amendment Act, 2023: Strengthening Measures to Counter Killer Acquisitions

Astutya Prakhar and Prachi Shikha Introduction In the realm of competition law and regulations, killer acquisitions have garnered significant attention due to their far-reaching implications. These acquisitions occur when a dominant company strategically acquires a smaller and more innovative competitor who possesses a relatively moderate market presence. The underlying motive behind such acquisitions is to […]

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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 […]