Antitrust analysis of Patent Pools: ‘Monopoly’ of Patents and Principles for the Indian Market[1]
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Source: Zest IP Abstract Patent pools remain largely unregulated in India due to lack of express provisions, hence, to deal with them and how they may affect the competition in the Indian market, the authors in this article propose two principles – essential and complementary patent equation, and, complementary and substitute patent equation.  Since patent pools consist of patents, the authors also discuss their ‘anti-competitiveness’. India must adopt a careful approach towards future patent pooling disputes and utilize the two proposed principles till specific provisions are adopted. T ..read more
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Relevant market in India – Should Digital market be a separate relevant market
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Investopedia Introduction The government of India is fully committed to make India a place of opportunity for doing business and innovation. There is constant improvement in India’s ranking in the Ease of doing business. While providing opportunity to businesses to expand, the government has enacted the Competition Act in 2002 in order to keep the market competitive and accessible to all the people. Nowadays, with the emergence of many giant business firms, there are many instances where these firms have tried to abuse their dominant position in the market. The article aims to analyze the pos ..read more
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Discontinuing exemptions are given to liner shipping industry in the face of rising mega-alliances- Part I
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Rishav Kashyap[1] Marine Photos.com Abstract With the ever evolving transport sector, the countries face an unprecedented challenge of monopolization in the disguise of mega alliances. In response to this, we need to adapt our framework to the current needs. Therefore it is important to realise that the norm of granting exemptions to the liner shipping industry must be discarded as the previous hypothesis validating the same does not hold true anymore. Introduction Recently following the trend of various Asian countries the exporters in India have begun to root for an investigation into carte ..read more
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New Age Inexpensive Food Aggregators and The Traditional ways
DNLU CRCLP BLOG
by kalyanipandey
1y ago
iStock Aditya Tripathi[1] On 5th April CCI took cognisance and order a probe into the unfair pricing complaint filed by the National Restaurants Association of India (NRAI) under sections 3(1) and 3(4) of the Competition Act. The association in the complaint has said that the restaurant aggregators had resorted to “engaging in a dual role on their platform where they list their cloud kitchen brands exclusively on their platform, akin to private labels, thereby creating an inherent conflict of interest.”[1] The allegation was made just before Zomato was about to launch its Rs 9,375-crore IPO wh ..read more
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The Legality of Information Exchange Agreements under the Competition Act, 2002
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Source: Complybook Rashi Priya[1] Introduction                   Healthy competition in the market leads to the development of a healthy economy. It enhances consumer benefits and incentivises innovative practices in the market. These pro-competitive benefits are diluted when competitors tend to collude for mutual benefit, instead of competing amongst themselves. Accordingly, the Competition Act, of 2002 establishes a regime for the regulation of anti-competitive practices such as cartelisation and infor ..read more
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The conundrum of  transactional based threshold in the Indian Digital M&A Market System
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Source: International Financial Law Review Shriansh Jaiswal[1]& Akshat Tripathi[2] Background In a Notification dated 11th December 2021, Competition Commission of India Chief Ashok Gupta stated “Controlling mergers in Digital Markets is itself a challenge as data Hegemony by digital companies may lead to an attention economy”. Elucidating further, The CCI provided that the cases involving search bias, predatory pricing, deep discounting, self-preferencing, and leverage, for example, have a significant linkage to the competition law regime. Search engines, online marketplace platforms, ap ..read more
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Weighing the Consumer Protection (E-commerce) (Amendment) Rules 2021 with the Perspective of Competition Law
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Source: The Hindu BusinessLine Kalyani Pandey[1] Introduction The Ministry of Consumer Affairs had proposed amendments to the barely one-year-old legislation called Consumer Protection (E-commerce) Rules, 2020. It reflects from the amendment that it has been done by the government to create a sharper regulatory environment for e-commerce entities. Moreover, the aim of bringing the amendment is to bring transparency to e-commerce platforms.  Draft rules have several amendments and introduced several new concepts; restrict certain business practices of e-commerce entities and other provisi ..read more
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The Impact of Blockchain on Antitrust Regime in Indian Context
DNLU CRCLP BLOG
by kalyanipandey
1y ago
Sriansh Jaiswal[1] & Shambhavi Srivastava[2] Our society is making significant technical developments. One of the technologies that have lately touched the digital industry is blockchain. It is bringing a paradigm shift to digital marketplaces and enterprises. To start with, blockchain is a kind of ledger that stores information in blocks on virtual networks, generally known as nodes, without the intervention of any central or governing body. However, the development of each technology has its own implications, both positive and negative. This article explores the influence of blockchain t ..read more
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