Competition

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

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 second part of the article comprehensively discusses the case of Mahyco Monsanto Biotech (India) Limited and argues that, despite a statutory distinction, the approach undertaken by the Competition Commission of India has resulted in conflation of the paradigms used to assess anti-competitive agreements with those relating to the abuse of dominance. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART II

EIA

The Draft EIA Notification, 2020: Progressive or Regressive

After the Bhopal Gas Tragedy, India came up with the Environment Protection Act, 1986, the provisions of which provided for the EIA norms. The norms provide a list of development projects which need a mandatory environment clearance before they can undertake their activities. The Government had recently proposed the 2020 draft EIA notification. The author through this piece deliberates upon a holistic view of the existing EIA regime and critically analyses the draft EIA notification, 2020. Furthermore, the author highlights the need to strike a balance between environmental protection and economic development. Continue reading The Draft EIA Notification, 2020: Progressive or Regressive

coparcenary

EQUALITY IN INHERITANCE: A Judicial Victory For Female Coparceners In India

by Abhigyan Tripathi and Kshitij Pal Introduction The evil of patriarchy is one which has percolated down our society from the archaic times and needs to be rooted out for ensuring the fulfilment of the constitutional vision of equality and equity. This inequality among the genders can only be tackled by taking it one step at a time. The Supreme Court on the 11th of … Continue reading EQUALITY IN INHERITANCE: A Judicial Victory For Female Coparceners In India

Custodial

TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

In this piece, the authors discuss the incongruity between the profusion of judicial and legislative safeguards against custodial violence and the unpleasant image that various statistics present. Further, the article enunciates upon the intrinsic shortcomings of the prevalent safeguards and finally pitches for the need for standalone legislation on custodial violence. Continue reading TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

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