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