[ Dhruv is a student at National Law School of India University. The following post is in continuation of another post available here . ] The Indian statutory framework for shadow directors presents a notable contrast to the explicit codification found in English law. While inheriting the functional test for control, the Indian legislature, in the Companies Act 2013 ( 2013 Act ), has opted for an implicit, liability-driven approach rather than one of direct definition. This l

The first part of the blog will establish the English jurisprudential benchmark, tracing the evolution of the shadow director test from the rigid “puppet master” standard in Re Hydrodam (Corby) Ltd to the more pragmatic “real influence” test in Secretary of State for Trade and Industry v. Deverell.

This blog argues that, in the age of AI, market definition must adapt, separating hype from structural reality and ensuring that claims of “nascency” do not become convenient cover for an anti-competitive market.