Anonymous , National Law University Jodhpur Editor's Note: Investors are often known as shareholders or members of the company. They contribute to the equity capital, have the voting rights in every matter and are entitled to get dividend. Protection of investors means safeguard and enforcement of … [Read more...]
Lifting Of Corporate Veil
By Vasundhara Majithia, Yamini Rajora, National Law University Jodhpur Editor's Note: The fundamental attribute of corporate personality, from which all other consequences flow if that the corporation is a legal entity distinct from its members.This doctrine has been established for business … [Read more...]
Perfect Competition And Abuse Of Dominant Position
By Sneha Singh and Syed Ahmed, KIIT School of Law, Bhuvaneshwar EDITOR'S NOTE:- Competition law has been relatively under-developed in India.The need for the Competition Act,2002 was felt because of the inadequacy of the MRTP Act to deal with the contemporaneous issues pertaining to cartels, … [Read more...]
Whistleblower in the Anti Competitive Trusts
-Ayushi Singhal, NUJS It often so happens that when a law, whether in the form of an act, a rule, an order or anything of that category is passed, it is not exploited for several years. One of many such provisions is the Competition Commission of India[i] (Lesser Penalty) Regulations, 2009, for … [Read more...]
In re: M/s HT Media Limited v. Super Cassettes Industries Limited
In re: M/s HT Media Limited v. Super Cassettes Industries Limited - Aashna Chawla, Second Year, B.A, LL.B (Hons.), Amity Law School, Guru Gobind Singh Indraprastha University Editors Note: The present case in consideration is important because it raises serious questions about the … [Read more...]
The Real Meaning of Per-Se Rule In Indian Competition Law
Aditya P Arora RGNUL, Patiala “Editor’s Note: The author of the paper analyses the meaning of the per-se rule in Indian Competition Law, this is in light of Section 3(3) of the Competition Act, 2002 which presumes certain agreements to have an appreciable adverse effect on competition in … [Read more...]
A Detailed Perspective into the nitty-gritty Aspects of the Competition Act, 2002 drawing a Comparative Analysis
Subhadeep Ray Choudhury School of Law, KIIT University “Editor’s Note: The paper deals with the aspects of the Indian Competition Act, 2002 specifically with the concept of Exclusive Dealership Agreements in the Indian context as compared with the same in the European Union.” ABSTRACT In this … [Read more...]
Exclusive Dealings are Anti-competitive: Parable or Realism
By S. Chaitanya Shashank, Subhadeep Ray Choudhary, School of Law, KIIT University Editor’s Note: Exclusive Dealing agreements are agreements to sell a product on condition that the buyer takes all or effectively all of the requirements of that product from the seller. Such agreements have … [Read more...]
Comparative Analysis of Cartel Laws of India and European Union
By S. Chaitanya Shashank, School of Law, KIIT University Editor’s Note: 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 … [Read more...]
Cartels and Competition: An Antithetical Relationship
By Suvaaankoor Das, KIIT School of Law, KIIT University Editor’s Note: 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 … [Read more...]