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Resisting the winds of change
Murali Neelakantan argues that India’s legal profession is insecure, has lost its commitment to public service and is failing to move with the times
While national legal systems seem very different from each other, there...
Real estate websites not dominant
The Competition Commission of India (CCI) recently dismissed a complaint by the Confederation of Real Estate Brokers’ Association of India (CREBAI) alleging abuse of dominance by Magicbricks.com and four other real estate websites, holding...
Make in India?
What are the realities of investing and making in India? What has changed and what hasn’t? Rebecca Abraham reports
On 2 July 2014, six weeks after Narendra Modi was sworn in as prime minister of India, the...
Predatory recruitment complaint fails
The Competition Commission of India (CCI) recently rejected a complaint by Air India alleging abuse of dominance by InterGlobe Aviation, holding that “an airline recruiting another airline’s pilots will not bring about structural changes...
Thresholds for merger control increased and ‘group’ exempted
Through a notification on 4 March, the central government in consultation with the Competition Commission of India (CCI): (a) increased the thresholds for the purposes of section 5 of the Competition Act, 2002; (b)...
Mandala gets CCI nod for investment
Mandala Capital has obtained approval from the Competition Commission of India (CCI) for a ₹2.9 billion (US$43.5 million) investment in Jain Irrigation Systems (JISL) and a ₹4 billion investment in Jain Farm Fresh Foods...
Roadblocks to banking amalgamations in India
The cut-throat competition in India’s banking industry, together with the cocktail of systemic difficulties that the industry faces, present stiff challenges to stabilized and sustained growth. The issues being faced by the banking industry...
The road ahead for FDI to meet India’s growth target
The prime minister, during “Make in India” week, urged investors to “seize the opportunity and invest” in India. The government’s drive to woo foreign direct investment (FDI) led to reforms in over 15 sectors...
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Funds in flux
Regulatory hurdles may be less daunting than other problems plaguing private equity investors, Rebecca Abraham reports
In September 2015, Baring Private Equity Asia acquired India’s largest cash management company, CMS Info Systems. The deal was significant...
COMPAT overturns CCI in stem cell banking case
The Competition Appellate Tribunal (COMPAT), in an order dated 18 December 2015, set aside a penalty order of the Competition Commission of India (CCI) under section 27 of the Competition Act, 2002, against Dr...
COMPAT nullifies CCI order against cement makers
Allowing an appeal in Lafarge India Limited v Competition Commission of India & Builders Association of India on procedural grounds, the Competition Appellate Tribunal (COMPAT) set aside a ₹61 billion (US$895 million) fine imposed...
Former CCI chair joins CAM board
Ashok Chawla, the former chairperson of Competition Commission of India, joined the strategic advisory board of Cyril Amarchand Mangaldas (CAM) on 15 January, after his tenure at the CCI ended on 7 January.
The board...
Deals of the Year 2015
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In the spotlight
PK Malhotra and Sudhanshu Pandey speak to Vandana Chatlani about opening the legal market and making speedy dispute resolution a reality
Legal market liberalization was high on the agenda when India’s law secretary, PK Malhotra, and...
Majority clears Jaypee Group of abusing dominance
In Shri Sunil Bansal & Ors v M/s Jaiprakash Associates Ltd & Ors, the Competition Commission of India (CCI) held that the question of examining abusive conduct as per section 4 of the Competition...
COMPAT overrules CCI fine in Thomas Cook case
The Competition Appellate Tribunal (COMPAT), in an order dated 26 August, set aside the penalty order of the Competition Commission of India (CCI) under section 43A of the Competition Act, 2002, against Thomas Cook...
Legal Process Outsourcing Awards
India Business Law Journal recognizes six of the best legal process outsourcing providers with operations in India. By Rebecca Abraham
As in-house legal teams and law firms seek to provide more for less, the technology...
Trouble at the grassroots level
Are recent difficulties experienced by mobile phone users symbolic of larger, more deep-rooted inefficiencies?
India having more mobile phones than toilets is an often quoted statistic. But even as mobile phone ownership continues to climb...
Solving the global jigsaw
How do you manage the risks linked to local merger control laws? Samantha Mobley and Grant Murray explain
Approximately 120 jurisdictions worldwide have merger control laws. Almost all provide for penalties for failure to notify...
Watchdog unleashed
India’s competition regulator has been showing its teeth. But is it biting first and asking questions later ... if at all? Rebecca Abraham reports
The humble onion is arguably the most important ingredient in Indian cuisine....
CCI’s (in)consistent view
Section 3 of the Competition Act, 2002, prohibits and declares void an agreement which causes or is likely to cause an appreciable adverse effect on competition in India (i.e. an anti-competitive agreement). The sine...
Lafarge cements deal with Birla
Birla Corporation, a Kolkata-based company listed on the BSE, has agreed to acquire Lafarge India’s cement grinding unit in Jojobera, Jharkhand, and its integrated cement unit in Sonadih, Chhattisgarh. The two plants have an...
Combination regulations amended
On 1 July, the Competition Commission of India (CCI) amended the CCI (Procedure in regard to transaction of business relating to combinations) Regulations, 2011. The following are the key changes:
Form 1 filing procedures
The...
Joining the dots
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Competition googly may prove tricky for Google
For internet users of today, Google is a synonym for web search. Such is the clout of the company that users don’t search for information, they google it. However, for the past few years...
CCI initiates investigation against real estate players
The Competition Commission of India (CCI) directed its investigation wing, the Office of the Director General, to investigate allegations of abuse of dominant position against the Delhi Development Authority (DDA) in April and Jaypee...
Green signal for exclusive pacts in e-commerce
In Mr Mohit Manglani v M/s Flipkart India Private Limited & Ors, the Competition Commission of India (CCI) recently dismissed complaints made against Flipkart and other leading e-commerce sites, observing that “it seems very...
IATA’s conduct not anti-competitive
Cyril Amarchand Mangaldas advised the International Air Transport Association (IATA) and IATA India when the Competition Commission of India (CCI) recently passed an order clearing them of anti-competitive conduct. The informant in the case,...
Tata sells DIESL to TVS Logistics
Bhavi Sanghvi, a corporate and M&A partner at AZB & Partners, advised TVS Logistics Services when it signed an agreement to acquire 100% of the share capital of Drive India Enterprise Solutions (DIESL), a...
Zuari wins control of UB Group unit
Shardul Amarchand Mangaldas & Co advised Zuari Fertilisers & Chemicals and Zuari Agro Chemicals when it completed its second open offer for Mangalore Chemicals & Fertilizers (MCFL), which was part of the UB Group. The firm has been advising the...
Looking beyond the big names
50+ small and mid-size Indian law firms you should know about. By Rebecca Abraham
As any in-house lawyer will know, hiring an external legal adviser in India is often more about finding a lawyer who can...
One step forward two steps back?
Corporate activity is on the increase yet uncertainty persists
The Competition Commission of India is one among several agencies that are seeing evidence of an uptick in corporate activity. Ashok Chawla, the chairman of India’s...
Starting and buying a business in the US
Attracted by the size and diversity of the US economy, many Indian and other companies start a business in the US or acquire or invest in existing companies.
The US has no exchange controls, so...
Trade association meetings: What you can and can’t do
Trade associations, industry organizations and conferences provide a platform for representatives from the same industry to meet and discuss common issues. However, such platforms could pose a risk from a competition perspective at times...
CCI rules in favour of e-commerce
The Competition Commission of India (CCI) has dismissed allegations against a number of e-commerce companies for anti-competitive practices. The CCI said in its order that Flipkart, Jasper Infotech (owner of Snapdeal.com), Xerion Retail (owner...
Faces behind the marks
Brand managers at 24 leading companies reveal their hopes, fears and preferred law firms for intellectual property matters. James Burden reports
It’s spring and intellectual property is in the air. Next month approximately 10,000 IP lawyers...
CCI clarifies relaxations, deciphers acquirers’ intent
In two similarly worded merger control penalty orders issued in February, the Competition Commission of India (CCI) has provided further clarity on the relaxations provided in Schedule I of the CCI (Procedure in regard...
Pepsi bottles up plants for Varun
PepsiCo India Holdings has transferred four of its bottling plants and two co-packing units to its franchisee bottling partner, Varun Beverages. The facilities, in Uttar Pradesh, Haryana, Chandigarh, Uttaranchal, Himachal Pradesh and Punjab, were transferred on...
Sun-Ranbaxy sell products to Emcure
Sun Pharmaceuticals and Ranbaxy Laboratories have sold seven of their formulations to Emcure Pharmaceuticals to comply with an order from the Competition Commission of India (CCI).
According to Khaitan & Co, legal advisers to Sun...
Exposing India’s dark underbelly
Is business driven by innovation or ill-gotten gains?
According to Rajeev Chandrasekhar, the former owner of BPL Mobile and a respected commentator on corporate affairs in India, it is the latter. His comment about the...
Blurred lines
With the boundaries between telecoms, retail and other sectors becoming less well defined, Kalpana Tyagi calls for a new approach to tackling competition law challenges
Telecommunications companies that traditionally offered only fixed line telephone services now...
CCI order set aside due to violations of natural justice
The Competition Appellate Tribunal (COMPAT), in a judgment on 23 February, held that the Competition Commission of India (CCI) must follow the principles of natural justice when discharging its statutory functions under the Competition...
Law does not cover state’s public works department
In Shri Rajat Verma v Public Works (B&R) Department, Government of Haryana & Ors, the Competition Commission of India (CCI) refused to initiate action against the Public Works Department of the state of Haryana...
Quality Investment merger approved
The Competition Commission of India (CCI) has given the green signal to Quality Investment Holdings for its proposed acquisition of the entire share capital of Destimoney Enterprises.
The proposed combination will also result in the...
CCI reiterates its stand on trade associations’ conduct
In an interview in 2013, Competition Commission of India (CCI) chairman Ashok Chawla was quoted as saying: “Rather than being party to a cartel, the trade associations should encourage their members and constituents to...
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Evidence needed to substantiate charge of collusion
Dismissing a complaint in Muthoot Mercantile Ltd v State Bank of India & Ors, the Competition Commission of India (CCI) held that “parallel behaviour needs to be substantiated with the additional evidence” when allegations of...
ACI fined for abuse of dominance
The Competition Commission of India (CCI) has slapped a penalty of ₹45.2 million (US$725,000) on US-based ACI Worldwide and its subsidiaries in India and Singapore for abuse of dominance, following a complaint brought by...
New certainty on trigger for merger control notice?
Under the Competition Act, a merger control notification for an acquisition must be filed within 30 days of execution of any agreement or “other document”. The term “other document” has been explained under the...
Deals of the Year 2014
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India in 2015
Six prominent figures from India’s in-house counsel community share their views on the legal developments that will shape domestic and international business in the coming year
The Indian economy is expected to witness accelerated growth...
Opening up?
Renewed talk of liberalizing India’s legal market to allow the entry of foreign law firms has grabbed the attention of many observers. Will it really happen and what difference will it make? Rebecca Abraham reports
Remarks...
Sun-Ranbaxy to divest businesses before merger
The Competition Commission of India (CCI) has approved the US$3.2 billion merger of Sun Pharmaceuticals with Ranbaxy Laboratories, which was announced in April.
The combined entity would have operations in 65 countries, 47 manufacturing facilities...
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India Business Law Journal recognizes and rewards five legal process...
Turf wars
Attempts by India’s competition regulator to curtail abuse of dominance stemming from intellectual property rights are gathering momentum. Shwetasree Majumder and Itisha Yadav analyse recent developments
The conflict between competition policy and intellectual property (IP) laws...
Entering new domains
Vidya Bhushan Mehrish and Priya Anuragini at LexOrbis explain how the licensing of standard essential patents has strayed into the realm of competition law
The standardization of technologies is vital for ensuring interoperability and compatibility...
Financial investors’ veto on strategic decisions is control
Under the Competition Act, control is broadly and vaguely defined to include control of the affairs or management by: (i) one or more enterprises, either jointly or singly, over another enterprise or group; (ii)...
T-Series found to have abused its dominance
Holding that the Competition Commission of India (CCI) “is a market regulator and has the jurisdiction to look at all issues affecting competition in the market”, the CCI recently penalized Super Cassettes Industries –...
Injecting a modicum of certainty
The risks and uncertainties of investing in India continue to take centre stage
According to Amazon.com, which launched its India marketplace in June 2013 and finds itself in a dog-fight with home-grown rivals, its investments...
Pulling the strings
Foreign players in newly liberalized sectors can increase their decision making powers and safeguard their investments through creative strategies, even if they don’t have full control. Nandini Lakshman reports from Mumbai
The issue of control of...
A bitter pill: FDI curbs in pharma and hospital
Over the past decade, India’s pharmaceutical sector has seen one of the largest influxes of foreign investment and has outperformed amid the generally negative market sentiments. Since the pharma sector was liberalized in 2000,...
Recent key developments in the competition arena
The Competition Commission of India (CCI) has been in the spotlight recently. Four of the reasons are outlined below.
First dawn raid conducted
The CCI conducted its first dawn raid, at the Delhi office of JCB,...
CCI gives Zuari green light
The Competition Commission of India (CCI), through an order on 4 September, approved the proposed acquisition by Zuari Fertilizers and Chemicals (ZFCL) and Zuari Agro Chemicals (ZACL) of up to 26% equity in Mangalore Chemicals...
Fine for market purchases casts doubt on exemption
The Competition Commission of India (CCI) fined Thomas Cook Insurance Services (India) Limited (TCISIL) and its parent Thomas Cook (India) Limited (TCIL) ₹10 million (US$165,000) for purchasing 9.93% of the shares of Sterling Holiday...
India Business Law Directory 2014
India Business Law Journal presents its annual report on the state of play in India’s legal market, accompanied by an essential directory of more than 50 of the country’s leading commercial law firms
Legal market report by...
A look at the CCI’s process for pre-filing consultation
The Competition Commission of India (CCI) announced in late March that it would expand the scope of pre-filing consultation to include substantive issues regarding filing of notice with the CCI, in addition to the...
Does denying market access apply only to a competitor?
“If they are not competing with each other in equivalent products, transactions or services, how can one engage in denial of market access to the other?” It is primarily on this basis that the...
In the limelight
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COMPAT reverses CCI order
The Competition Appellate Tribunal (COMPAT) has overturned a finding of abuse of dominance against Schott Glass India, a subsidiary of German specialty glass manufacturer, Schott.
In March 2012, the Competition Commission of India (CCI) had...
Jet-Etihad deal steers clear of turbulence
The Competition Appellate Tribunal (COMPAT) has dismissed an appeal by Jitender Bhargava, a former executive director of Air India, who challenged the decision by the Competition Commission of India (CCI) to approve the merger...
Globetrotting
What Indian companies need to know about protecting their intellectual property around the world. By Nandini Lakshman
Last year, India adopted the Madrid Protocol agreement for the international registration of marks. India’s accession couldn’t have...
Head to head
A comparison of Indian and Chinese trademark law
In a collaborative feature to coincide with the 136th annual meeting of the International Trademark Association, a Chinese and an Indian IP firm have joined forces to...
Evaluating the significance of key recent developments
The Competition Commission of India (CCI) on 28 March amended the regulations governing mergers and acquisitions, pursuant to its subordinate legislative powers. The key modifications are evaluated below.
Substance test: A new sub-regulation has been...
Horizontal or vertical ties not required for violation
The Competition Commission of India (CCI) recently held that an exclusive agreement between Hiranandani Hospital and Cryobank India, for collection and banking of stem cells, was anti-competitive. Hiranandani Hospital was fined ₹38.16 million (US$624,000)...
Concerted action by drug body anti-competitive
Ruling in a case it took up on its own initiative, the Competition Commission of India recently imposed penalties of 10% of average annual turnover on the Bengal Chemist and Druggist Association and its...
Penalty for restricting choice of stem cell bank
The Competition Commission of India (CCI) recently ruled that a contract entered into between a hospital and a dominant player in the stem cell banking services sector was anti-competitive and had caused an appreciable...
Coal India penalty is first for a public sector entity
In a landmark decision on 9 December 2013, the Competition Commission of India (CCI) imposed its first penalty against a state-run enterprise, ordering Coal India to pay ₹17.73 billion (US$286.2 million) for abusing its...
Frustrations demand systems overhaul
Dear Editor,
In relation to the article Flying into trouble?, published in the February issue of India Business Law Journal, I believe the Competition Commission of India (CCI) and the Competition Appellate Tribunal should not...
Pendency not a dangerous signal
Dear Editor,
Thank you for the interesting article (Flying into trouble?, in the February issue).
While appreciating that there should be provision for a time limit for speedier disposal of appeals by the Competition Appellate Tribunal...
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Injecting competition
Acquiring pharmaceutical companies in India is increasingly sensitive. Rebecca Abraham gets under the skin of Mylan’s recent acquisition of Agila Specialties
On 5 December 2013, in a US$1.6 billion transaction, Mylan, a leading US-based generics...
Flying into trouble?
A spanner thrown into the works of the Jet-Etihad deal could have wide repercussions for M&A in India. Avirup Bose explains
The merger control provisions in India’s Competition Act, 2002, came into effect on 1...
Deals of the Year 2013
India Business Law Journal identifies and analyses the standout deals and disputes of 2013 and reveals the lawyers who guided them. By Nandini Lakshman
The past year was one of the worst for the Indian economy...
India in 2014
In-house lawyers from nine companies and a senior advocate foretell the challenges and opportunities that lie in store for India-focused general counsel
I hope that 2014 will herald a period of calm following the volatility...
CCI allows Bharti Walmart split
Walmart has received approval from the Competition Commission of India (CII) to acquire Bharti’s almost 50% shareholding in Bharti Walmart, a joint venture between the two companies which operates 19 stores under the Best...
A perspective on the single economic entity concept
It has been four years since most of the provisions of the Competition Act, 2002, came into force and the Competition Commission of India became fully functional. However, there are still no guidelines on...
Legal Process Outsourcing Awards 2013
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As clients continue to demand more for less, India Business...
IP mind games
As foreign companies enforce their IP rights more aggressively in India, Indian companies are coming under attack. A mental battle has begun, with both sides deploying innovative strategies in an attempt to stand their ground. Raju Bist reports from...
Pangea3 cleared of unfair business practices
The Competition Commission of India (CCI), in Mr Larry Lee Mccallister v M/s Pangea3 Legal Database Systems Pvt Ltd & Ors, rejected allegations of unfair business practices against legal process outsourcing (LPO) company Pangea3.
Mccallister,...
Etihad-Jet merger wins CCI approval
On 12 November, the Competition Commission of India (CCI) approved a merger filing by Etihad Airways and Jet Airways. An Amarchand Mangaldas team led by Mumbai-based competition law partner Nisha Kaur Uberoi acted for...
Looking ahead to the new telecom M&A policy
Pressure on average revenue per user and the fragmentation of spectrum allocation is driving consolidation in the Indian telecom industry. In this article, we review recent regulatory developments and certain key issues expected to...
Amnesty: Can it be used as a weapon against cartels?
Cartelization is considered an antithesis to free and fair competition and the watchdogs have for decades tried to clamp down on cartels. Leniency programme has become an effective weapon used by regulators to tackle...
Treading carefully
With elections looming, foreign investors have one more reason to be wary. For those that take the plunge, what strategies are available to manage the considerable uncertainties of investing in India? Rebecca Abraham finds out
In...
Revitalizing India
Ten legal thought leaders talk candidly about India’s economic woes and outline a series of bold measures to put the shine back into the country’s economy
The odds appear to be stacked against India at...
Investment policy rethink needed for pharma sector
Foreign investments in the pharmaceutical sector are being heavily scrutinized by the Foreign Investment Promotion Board (FIPB). Until 2011, foreign investment in this sector was permitted up to 100% under the automatic route. In...
Cross-media ownership: Are more rules needed?
The Telecom Regulatory Authority of India (TRAI) has indicated that it is considering recommending further restrictions on cross-media ownership in India across TV and radio broadcasting, news print and online sectors. TRAI is mandated...
Companies Bill to change corporate restructuring
The Companies Bill finally received presidential assent after being passed by the Rajya Sabha on 8 August. The bill designates the National Company Law Tribunal as the authority to decide on matters relating to...
CCI takes careful look at non-compete agreements
Non-compete agreements (NCAs) have become a standard feature of merger and acquisition deals. Such agreements seek to protect the acquirer of a business by restraining the seller from participating in a similar business or...
India brings into force new Companies Act
India has enacted the Companies Act, 2013, which will replace the existing Companies Act, 1956. The provisions of the new act will be brought into effect in phases.
Some of the key features of the...
Analysis of circular shows SEBI is being too cautious
The Securities and Exchange Board of India (SEBI) issued a circular on 4 February, withdrawing its earlier circular dated 3 September 2009, setting stringent requirements for listed companies and stock exchanges in relation to...
Government gears up for more drug sector buyouts
Global pharmaceutical companies are facing the expiry of patents of some of their blockbuster drugs, increased competition from generic drugs manufacturers, and a decline in new money-spinning wonder drugs. In contrast, India is one...
A look at regulation of the telecom sector in Canada
Foreign investment in Canada’s wireless sector has been the subject of much discussion since the federal government’s recent partial liberalization of the telecommunications sector. The following is intended as a guide to help foreign...
Balancing competition and intellectual property rights
Conceptually, it would appear that in certain cases intellectual property rights (IPR) and competition/antitrust law cannot really coexist with each other. The law relating to IPR seeks to encourage innovation by allowing an owner...
India Business Law Directory 2013
India Business Law Journal presents its annual legal market report and directory of Indian law firms. Amid challenging times for India’s lawyers and law firms, Rebecca Abraham checks the pulse of the country’s legal profession
The...
Hockey India must split roles to avoid conflicts of interest
Ruling in Dhanraj Pillay & Ors v M/s Hockey India, the Competition Commission of India (CCI) recently directed Hockey India to split its regulatory and commercial functions, even as it found no evidence that...
Complaint against Supertech fails on dominance ground
The Competition Commission of India (CCI) recently ruled that the fact that a real estate company is “one of the known builders in the relevant market” is not enough to establish its dominance.
Dismissing a...
Draft offshore wind energy policy, 2013: Will it work?
India currently does not have any commercial offshore windfarms, but with a long coastline, the country has the potential to develop 1 gigawatt of offshore wind capacity, especially in states such as Tamil Nadu,...
Looking in-house for IP insights
Rebecca Abraham asks in-house counsel at DuPont and JCB how they stay ahead of India’s intellectual property violators
India’s intellectual property (IP) protection credentials have taken a beating in recent months. In March, Roy Waldron,...
Time to align
Transfer of technology agreements run the risk of falling foul of India’s competition regime say Meenakshi Arora, Harvinder Singh and Sumedha Dutta at HSA Advocates
The rapid evolution of technology can in part be attributed...
Punching above its weight
India’s competition watchdog may be the new kid on the block, but it has already been flexing its muscles. Is it up to the challenges it has set for itself?
Rebecca Abraham reports
Levelling the playing...
Building trust in troubled times
These have been tough times for cricket lovers across India
Arecent spot-fixing scandal that revealed the seamier side of the glitzy Indian Premier League has left many fans questioning the wisdom of their long-standing loyalty...
Bill offers new protections for minority shareholders
While the Companies Act, 1956, includes certain provisions for protection of minority shareholders’ interests, the Companies Bill, 2012, which was passed by the Lok Sabha on 18 December 2012, has introduced further significant provisions...
Vertical restraints: the positive effects
India’s antitrust regime has seen a paradigm shift from the reporting requirements under the old Monopolies and Restrictive Trade Practices Act to a self-assessment mechanism provided for in the Competition Act. However, various decisions...
Beating the drums
A burst of reform sweeping through Africa could change the rhythm and pace of Indian and international investment in the region
Vandana Chatlani reports
The scope for profit and winning partnerships in countries in Africa is...
Wheels in motion?
Vishnu Padmanabhan examines the key bills passing through India’s parliament that may affect domestic and international businesses
As India’s economic growth slows, almost everyone is clamouring for reforms. In India’s parliamentary democracy, any reform or...
Apple exonerated in abuse of dominance case
Holding that India’s smartphone market is less than a tenth of the handset market and that Apple’s iPhone had less than a 3% share in the smartphone market, the Competition Commission of India (CCI)...
Paralysis in parliament?
India’s parliamentarians need to focus more on their role as makers and scrutinizers of laws
India’s parliamentarians need to focus more on their role as makers and scrutinizers of laws
The frequent disruptions and walkouts that...
Bill may open new avenues for cross-border mergers
In this era of economic recovery, an effective legislative framework is needed to facilitate and regulate corporate transactions, including cross-border mergers. Cross-border mergers can be challenging yet exciting, given the regulatory, corporate, competition, accounting,...
