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The Competition and Commercial Law Review
- Sep 25, 2020
- 5 min
MARGIN OBLIGATIONS BY WAY OF PLEDGE – A TM/CM PERSPECTIVE
[Nishi Doshi is a final-year student at ILS Law College, Pune] The prime function of the Securities and Exchange Board of India (SEBI), is to protect the interest of its investors. With the circular dated February 25, 2020, SEBI has yet again tried to fulfill its function of protecting the interest of the investors by revising the procedure for margin obligations in the cash market. The Circular discontinued the existing system of creating a Power of Attorney (POA) in the fav
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The Competition and Commercial Law Review
- Sep 23, 2020
- 6 min
SETTLEMENT IN ANTITRUST DISPUTES IN INDIA: JOURNEY SO FAR AND PATH AHEAD
[Niti Richhariya is a Research Associate (Legal Division) at Competition Commission of India] As the Competition Act, 2002 (Act) stands today, no provision contained therein allows parties to an antitrust dispute to voluntarily settle/compromise [1] their inter se dispute (with CCI’s approval) nor is there any provision expressly empowering CCI to order parties to enter into a settlement. Yet surprisingly, there have been instances in the past where the parties have attempted
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The Competition and Commercial Law Review
- Sep 22, 2020
- 7 min
ARBITRABILITY OF DISPUTES – HAS THE LINGERING QUANDARIES BEEN RESOLVED?
[Ritika Modee and Chandrakant Dawani are Practicing Advocates at Gujarat High Court] Indubitably, the arbitration mechanism of India has become one of the most robust dispute resolution mechanisms, yet there existed some predicaments which were yet to be solved. Certain questions such as, Who has the power to decide the question of arbitrability of disputes - courts or the arbitrator? Whether disputes arising under special statutes are arbitrable or not? Whether any judgment
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The Competition and Commercial Law Review
- Sep 12, 2020
- 6 min
NBFCs UNDER THE PURVIEW OF IBC: STILL WOULD DO MORE HARM THAN GOOD?
[Siddhant Dubey is a third-year student at Institute of Law, Nirma University, Ahmedabad] Demand for a separate resolution mechanism for Non-banking Financial Companies (NBFC) has never been off the hook. However, in recent times this perennial debate has become more pertinent and vivacious. The country is witnessing a significant economic and consumption downturn. Many trace this back to when Infrastructure Leasing & Finance Services (IL&FS) defaulted in the payments of its
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The Competition and Commercial Law Review
- Sep 9, 2020
- 6 min
THE UNTESTED WATERS OF THE LENIENCY PROGRAMME IN SINGAPORE: IS IT TOO RISKY?
[Vrinda Bagaria is an LL.M. Graduate from National University of Singapore. She has also been a Senior Associate at L&L Partners (formerly known as Luthra & Luthra Law Offices).] Introduction Leniency programmes provide an effective measure for undertakings involved in cartel activities to come forward and inform competition authorities of their cartel activities, however, risks associated with disclosure of information for an undertaking applying for a leniency programme (le
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The Competition and Commercial Law Review
- Sep 6, 2020
- 5 min
COLLECTIVE BARGAINING: A COMPETITION LAW CONCERN?
[Basu Chandola - Research Assistant, Jindal Initiative on Research in IP and Competition] Recent news reports suggest that drivers associated with Cab aggregators Uber and Ola (Platforms) have decided to strike in Delhi-NCR. Generally, one would assume that any analysis of strike would be limited to labour law. However, it is also essential to have a competition law perspective on this matter owing to the relationship between drivers and the cab aggregators and the whole idea
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