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Data Accumulation by Big Tech: Is the Indian Competition Regime Ready?

[Lavanya and Aaditya are students at Symbiosis Law School, Pune.] Earlier this year, the CEOs of Google, Apple, Facebook, and Amazon (GAFA) testified at the US House of Representatives’ antitrust subcommittee. The six-hour-long hearing marked the culmination of the antitrust investigation that began back in June 2019. The four CEOs were questioned for their platforms’ tactics, which negatively impacted the market. While Google was investigated for leveraging its dominance in the online search market across other digital platforms, Facebook was questioned for its unabating acquisitions of potential competitors. The subcommittee catechized Amazon’s CEO about its use of third-party seller data

Cryptocurrency: Regulatory Issues in India

[Kartik and Sharmishtha are students at Symbiosis Law School, Noida.] Cryptocurrencies are digital tokens used as a medium of exchange, secured and verified by cryptography. They are designed to be quicker, cheaper and more reliable than the regular government-issued money given the virtual nature of the token, and they allow the users to store, send and receive the currency without the aid of the government or any other intermediary in an affordable manner. In this article, the attempt of the authors is to navigate through the global developments as regards cryptocurrency and thereafter examine the regulatory issues that are critical to the evolution and growth of cryptocurrency in India. T

Anti-Arbitration Injunction in India: Balasore Attempts to Settle the Debate

[Abhinav is a student at West Bengal National University of Juridical Sciences, Kolkata] A single-judge bench of Calcutta High Court on 12 August 2020, in Balasore Alloys Limited v. Medima LLC (Balasore), held that the decision of the Delhi High Court in Bina Modi v. Mr Lalit Modi & Others (Bina Modi) is per incuriam. Both matters deal with the Indian civil court’s jurisdiction to render a widely debated anti-arbitration injunction. The recent Calcutta High Court decision streamlines the Indian jurisprudence on anti-arbitration injunctions to a certain extent. Development before Balasore Two broad schools of thought have existed in India on the court’s power to grant anti-arbitration injunc

Res Judicata in CCI: Grounds for Non-Applicability

[Swetank and Anand are students at Symbiosis Law School, Noida.] Under the Roman law, a defendant could successfully contest a suit filed by a plaintiff on the plea of 'ex captio res judicata’, which means that ‘one suit and one decision is enough for any single dispute’. This doctrine of res judicata (the doctrine) has been accepted in all legal systems – common as well as civil law. It has been embodied under Section 11 of the Code of Civil Procedure 1908 (CPC) under the Indian legal system. The doctrine was explained by the Supreme Court in the case of Satyadhyan Ghosal v Deorjin Debi, wherein it held that the doctrine is based on the need of giving a finality to judicial decisions such t

Amazon’s Antitrust Practices Involving Third-Party Seller Data Re-Emerge?

[Urshila and Sanah are students at School of Law, Christ University.] Amazon has been the subject of multiple antitrust investigations since 2018 involving its business agreement terms with third-party sellers, collection of consumer data, mergers and acquisitions and potential abuse of its dominant position as a marketplace. However, none of these investigations materialized into a penalty, raising concerns on whether the current approach of antitrust law fails to adequately detect anticompetitive practices by digital platforms. Concerns about Amazon using its position as a platform to capture relevant data from third-party sellers to facilitate Amazon’s product development are not new as t

Business Continuity Measures for Listed Companies During the Pandemic

[Medha and Purva are corporate law associates at leading law firms in Bangalore and Mumbai respectively.] The onset of the coronavirus pandemic has significantly disrupted the continuity of businesses globally. Now more than ever, listed companies require immediate fundraising to meet their working capital requirements to avoid a liquidity crisis and ultimately bankruptcy. Certain measures and relaxations have been incorporated in legal systems globally to ensure business continuity and ease of capital raising to facilitate recovery in these unprecedented times. In this article, we analyse the measures taken by India and the United Kingdom to understand how the governments and the capital ma

Role of Resolution Professional in Determination of Claims under IBC: An Analysis

[Abhishekh is a student at National University of Study and Research in Law, Ranchi.] As far as creditors and debtors of the Indian corporate sector are concerned, the preceding decade turned out to be imperative. The enactment of the Insolvency and Bankruptcy Code 2016 (IBC or Code) brought about major changes in the legal framework governing the insolvency and bankruptcy proceedings in India. The enactment of IBC is a quantum leap towards achieving the goal of a speedy and riddle-free procedure governing the settlement of claims of the creditors; but woefully, the judicial inconsistency in outlining the role of resolution professionals (RP) in relation to the determination of creditors’ cl

How Serious is Serious Enough? Understanding Arbitrability of Fraud in India

[Shourya is an Associate (Dispute Resolution) at SAMVAD Partners (New Delhi) and an Editor at IRCCL, while Anujay is a law graduate (class of 2020) from Jindal Global Law School.] Historically, arbitral tribunals have exercised jurisdiction over allegations of fraud. However, the scope of such adjudication has been a contentious issue. Is every allegation of fraud capable of being adjudicated by arbitration? Several judicial precedents have grappled with this issue, and it was the subject of a recent decision of the Supreme Court of India in Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited (Avitel Post). This post discusses Avitel Post, and analyses two of its short

Decriminalisation of Corporate Offences in India: Should it be Permitted?

[Pranshu and Roopam are students at NALSAR University of Law.] The Ministry of Corporate Affairs (MCA) through the Companies (Amendment) Act 2019 (CAA 2019) decriminalised 16 out of 81 offences under the Companies Act 2013 (Act), categorizing these compoundable offences as civil offences. To further decriminalise various provisions of the Act, the Company Law Committee (CLC) set up by the MCA recommended decriminalisation of 46 out of the remaining 66 penal provisions. Based on these recommendations, the Companies (Amendment) Bill 2020 (CAB 2020) was tabled in the Lok Sabha on 23 March 2020. However, its implementation has been delayed owing to the onset of COVID-19 pandemic. This article wi

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