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Competition Law and Judicial Review: Has Bombay High Court Ousted CCI's Jurisdiction in Telecom

[Soham Goswami is an Editor at IRCCL.] The Bombay High Court has quashed a Competition Commission of India (CCI) investigation against Star India Limited (Star) and Sony Network Pictures India Private Limited (Sony) (collectively, OPs) for anti-competitive conduct against Noida Software Technology Park Limited (NSTPL /Informant). By judgement dated 16 October 2019, Kureshi and Kathawalla JJ have quashed the Section 26(1) order (Impugned Order). NSTPL is distinct from other operators as it owns a Head-end In The Sky (HITS) license, which enables it to transmit content to local cable operators (LCOs) by satellite (in contrast, Multi-System Operators (MSOs) transmit via cable, but may directly

Update: UK Sinha Panel Recommends a Single Framework for Group Companies

[The following update has been brought to you by Saumya Raizada, who is an Editor at IRCCL.] The necessity of bringing together a single framework for group or interlinked companies undergoing insolvency has been recognized by the UK Sinha-led Panel (Panel). Multiple applications by group companies undergoing insolvency may lead to a loss of time and value of the stakeholders involved. To overcome such situations, the recommendation of a more structured framework for group companies undergoing an insolvency procedure has been made. The Panel’s suggestion for implementation of the framework is to roll it out in a phased manner. The recommendations seem to have been made to promote information

A New Face of the Indian Foreign Investment Regime

[Geetanjali R Kamat is the Founder-Editor at IRCCL, while Dibya Prakash Behera is the Manager and Editor of the blog.] Recently, the Ministry of Finance and the Reserve Bank of India (the RBI) notified the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (the Non-debt Instruments Rules) and the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (the Debt Instruments Regulations), respectively. Whilst the Non-debt Instruments Rules superseded the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 (the Erstwhile TISPRO Regulations) as well as the Foreign Exchange Management (Acquisition and Transfer of I


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