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Insufficiency of the Applicable Laws to Parties in a Rental Relationship under the Doctrine of Good

[Tasha is a lawyer who recently graduated from Jindal Global Law School.] The outbreak of the COVID-19 virus brought in disruption to the normal activities of individuals, corporates and functioning of the governance systems. A specific legal issue which arose relates to rental agreements (residential and commercial). Complications arose in terms of breaches of obligations taking place on commercial and residential lease contracts. This article discusses the legal remedies available to tenants who have contractual terms in their contracts and those without such terms or such contract. The article analyses the laws and highlights their insufficiency under the ‘good faith’ doctrine. It conside

Samir Agrawal v. CCI: NCLAT's Misstep in Interpreting Locus Standi of Whistle-blower Informants

[Parash is a student at Rajiv Gandhi National University of Law.] The National Company Law Appellate Tribunal (NCLAT) in its recent judgment in the matter of Samir Agrawal v. Competition Commission of India and Others took a rather conservative approach in interpreting the locus standi of whistle-blower informants under Section 19(1)(a) of the Competition Act 2002 (Act). The bench held that an informant cannot approach the Competition Commission of India (CCI) without having suffered any legal injury, essentially closing the gates on whistle-blower informants. The judgment raises grave concerns as it not only restricts the right of whistle-blower informants but also limits the CCI’s mandate

Buyers’ Cartels in India: An Antitrust Oversight?

[Saurabh is a student at National Law School of India University, Bangalore.] The Competition (Amendment) Bill 2020 (Bill) expands the definition of ‘cartel’ in Section 2(i) of the Competition Act 2002 (Act) to include buyers’ cartels as well. The consequence is that Section 3 of the Act would now be able to scrutinize those agreements that help buyers cartelize. Both the US and the EU competition regimes recognize buyers’ cartels as illegal.[1] The Bill aims to emulate such prohibition in India, and has been hailed as a significant move by many. I argue that such a move is unnecessary because Section 3 of the Act can be understood to envisage buyers’ cartels already. To this end, I critique

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