Competition

Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I

A concerted action perpetuated by various persons or enterprises is different from the unilateral conduct of an individual entity, as the latter is not accompanied with the element of “concurrence of wills”. That is why Section 3 and 4 of the Competition Act, 2002 are different in their scope and operation.

The first part of the article examines in detail the differential treatment accorded to concerted action and unilateral behaviour, by Competition authorities in the EU and the US and ascertains that unilateral restraint of competition and trade cannot be evaluated under the lens of the standards that are used to determine coordination of behaviour or collusion between undertakings. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I

Surrogacy

ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective

Commercial surrogacy is deemed to be an exploitative affair for the surrogate, and therefore, the practice is penalized in India. Given this, we seem to have made a false assumption about altruistic surrogacy agreements, i.e., the factor of exploitation within these agreements does not exist. Thus, the following article sheds light on that discourse and attempts to show otherwise. Continue reading ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective

Cryptocurrenct

CRYPTOCURRENCY – Approach Towards Adoption

It is of no doubt that cryptocurrency holds the potential of transforming the entire market structure. However, India has been quite repulsive in streamlining the use of this innovative technological advancement. The presented article talks about the journey of crypto assets till date in India along with some major takeaways from other jurisdictions, which have been proactive in adopting cryptocurrency. Continue reading CRYPTOCURRENCY – Approach Towards Adoption

Solutions to COVID 19 Economic Damage

Solutions to Externalities of the COVID-19 Pandemic

This article discusses various economic solutions that can internalise the externalities problem of COVID-19 Pandemic. It is argued that besides conventional means of public regulation through taxation and subsidy, resumption of economic activity would require the state to place trust in individuals and encourage private Coasean solutions in places where they are possible. Continue reading Solutions to Externalities of the COVID-19 Pandemic

Insolvency

Balancing Interests of Stakeholders Under The Insolvency and Bankruptcy Code, 2016

The present article discusses various ways in which the Insolvency and Bankruptcy Code, 2016, strives to balance the interests of all the stakeholders in the insolvency scenario of a company and also includes precedents where the court has upheld the same. Continue reading Balancing Interests of Stakeholders Under The Insolvency and Bankruptcy Code, 2016

De-criminalising dishonour of cheques

Decriminalising Section 138 Of Negotiable Instrument Act: An Economic Solution

The article tries to find whether the move to decriminalize dishonour of cheque is efficacious or not by employing the economic analysis of punishment wherein the authors have tried to gauge the viability of imprisonment and imposition of fines as modes of punishment. Continue reading Decriminalising Section 138 Of Negotiable Instrument Act: An Economic Solution

Remembering Arun Jaitley

Remembering Arun Jaitley: The Man Behind The Politician – [EDITORIAL]

The article is a tribute to Late Arun Jaitley on his first death anniversary. the author sketches a brief biography of the stalwart. The author talks about his ideology as a politician and discusses his charm across the political spectrum. The major part of the editorial is to let people know his thought provoking idea with respect to the appointment of judges to the higher judiciary. Continue reading Remembering Arun Jaitley: The Man Behind The Politician – [EDITORIAL]

Health

WORLD HEALTH ORGANISATION: Limitations to Effective COVID-19 Global Response

WHO was created for the purpose of facilitating cooperation among states over matters of public health and taking measures to strengthen the state of global health. However, the structural weakness of the organization has prevented it from responding to global health crises in an efficient manner. This necessitates the adoption of reforms necessary to create a reliable and internationally answerable yet empowered WHO, which may be found in Lawrence Gostin’s proposal for a Framework Convention on Global Health. Continue reading WORLD HEALTH ORGANISATION: Limitations to Effective COVID-19 Global Response

Solutions to Market Failure in Higher Education

SOLUTIONS TO THE MARKET FAILURE OF HIGHER EDUCATION – PART II

This is the second and concluding part of the article. The first part dealt with the concept of market failure in higher education and addressing the failure at local level through government interventions. The second part deals with addressing specific causes of market failure through government interventions and suggesting other solutions to mitigate market failure in higher education. Continue reading SOLUTIONS TO THE MARKET FAILURE OF HIGHER EDUCATION – PART II