Day: January 15, 2015

The Know-All of Insider Trading – Decades of Corruptive Prevention

By Sonakshi Das & Sanjana Sahu Editor’s Note: Insider Trading can simply be defined as Trading in the shares of a company by the person who are in the management of the company or are close to them on the basis of undisclosed price sensitive information regarding the working of the […]

Foreign Judgments in the context of Indian Law and Enforcement of Arbitral Awards

By Shreesha Bhatt, Shivansh Agarwal & Ashutosh Gondli, GNLU Editor’s Note: This paper deals with the enforcement of foreign judgments in India and also discusses the enforcement of Arbitral Awards. INTRODUCTION A decree in India, either foreign or domestic, has to be enforced under provisions of the Civil Procedure Code, […]

Comparative Analysis of Cartel Laws of India and European Union

A cartel is a group of similar, independent companies which join together to fix prices, to limit production or to share markets or customers between themselves. An important dimension in its definition is that it requires an agreement between competing enterprises, not to compete, or to restrict competition. Therefore, the objective of a cartel is to raise price above competitive levels, resulting in injury to consumers and to the economy. This is why cartels are illegal under EU competition law and why the European Commission imposes heavy fines on companies involved in a cartel. A comparative analysis of the EU competition law with the Indian law would provide us with a better perspective on the issue.

Cartels and Competition: An Antithetical Relationship

One of the main objectives of competition or antitrust laws is to ensure that consumers pay the most efficient price coupled with the highest quality of goods and services they consume. However, when there are activities which hamper the competition, it has adverse effects not only for consumers but the economy of a nation as well. One way to hamper the competition and creating monopoly in the market is forming cartels. They allow small and inefficient competitors to join together at the expense of their customers, therefore, resulting in an antithetical relationship.

Removal of ‘Domicile’ Requirements for Rajya Sabha – Potential Threat to the Federal Structure?

By Akash Mishra, WBNUJS Editor’s Note: The Rajya Sabha has always been considered to be a vital cog in the legislative structure of India. The 2003 Amendment to the People’s Representation Act, 1951 dispensed with the domicile requirement for the election of members for the Rajya Sabha. This amendment was passed […]

Retributive Theory of Punishment: A Critical Analysis

By Abhishek Mohanty, WBNUJS Editor’s Note: The issue of punishment of criminals has been a well debated topic for societies since time immemorial. This has been debated by jurists like Hart, Anthony Flew and Stanley Benn. The broad theories of punishment are divided into consequentalist and retributivist theories.  In this paper, the author […]