[Aditya Kumar, 3rd year law student at Government Law College, Mumbai and Riya Tembhare, 5th year law student at Government Law College, Mumbai] Introduction India’s burgeoning economic landscape in recent years has seen an increase in the reverse flipping of companies. Reverse flip is a process in cross-border mergers and acquisitions where the ownership or controlling interest of a company is transferred from a foreign entity back to a domestic entity. The reasons for a reverse flip can include regulatory advantages, tax benefits, better access to raising capital, including capit ..read more

[Smriti Shukla is an associate with Desai and Diwanji and Mohd. Fahad Ansari is a fourth year student at National University of Study and Research in Law (NUSRL)] Introduction The generally unnoticeable global dominance of the gaming industry has evaded widespread acknowledgement. Previously being seen as a mere juvenile pastime, online gaming has transformed into a colossal economic entity, which has a valuation of USD 232.02 billion in 2022, with projections anticipated to cross USD 500 billion milestone by 2030. As far as India is concerned, the industry has secured a substantial sum of U ..read more

[Ishita Khandelwal is a fourth-year B.A., LL.B. (Hons.) student at National Law University Odisha, Cuttack]   INTRODUCTION "All across the globe, content is king. And the audience follows the platform which caters to a large buffet of content." There has been a steady trajectory globally in the mergers circumventing the media and entertainment industry. Recently, Reliance Industries Limited (RIL) through its broadcasting division Viacom18 Network also decided to enter into a merger agreement with The Walt Disney Company. The two entities mutually came to the decision to formulate a ..read more

[Isha Katiyar is a third-year B.Com, LL.B. (Hons.) law student at Gujarat National Law University in Gandhinagar] Introduction   The recent Draft Digital Competition Bill, 2024 aims to create a new ex-ante regulatory framework to complement the Competition Act's ex-post model to better regulate the Indian digital market. Given the dynamic nature of such markets, timely interventions are essential to prevent anti-competitive behaviour. The rise of digitalization in India with one of the world's largest and fastest-growing digital markets has fuelled sectors like e-commerce and a ..read more

[BalaGanesh R and Jayestha Kamboj are penultimate year law students at Jindal Global Law School] Introduction The failure of merger between Culver Max Entertainment Private Limited (formerly, Sony Pictures Networks India), Zee Entertainment Enterprises Limited (ZEEL), and Bangla Entertainment Private Limited, reverberates across the media. With the initial shareholder support and regulatory approvals in place it was anticipated that the merger would follow through as planned, but as soon as disagreements surfaced, things went south. Prima facie it is expected to leave profound legal and eco ..read more

[Aditya Danturty is a student at National Law University Odisha] Introduction   The Competition Commission of India (CCI) notified the CCI (Lesser Penalty) Regulations (Lesser Penalty Regulations) on February 20th, 2024. These regulations are rooted in Section 46 of the Competition Act (the Act) which provides for lesser penalty to be imposed in certain circumstances. The Act and the regulations set up a leniency plus regime in India for incentivising whistleblowers to disclose information regarding cartels.  This not only helps in pro-competitive practices but also r ..read more

[Ms. Aditi M. Verma and Mr Aman Yuvraj Choudhary are second-year and fourth year students respectively at the National University of Study and Research in Law, Ranchi]     Introduction                                        Non-compete covenants restrict employees from joining competing businesses for a set period after leaving their employer. Traditionally used for high-level executives with access to ..read more

[Prithvi Kapoor is a penultimate year student of law at MIT-WPU, School of law in Pune] Introduction A most favoured nation (MFN) clause is an ever-important provision which forms a part of a double taxation avoidance agreement (DTAA). The MFN clause provides that residents of a nation which is a party to a DTAA must receive the same benefits if the contracting nation subsequently enters into a DTAA with a third country with more favourable treatment to the residents of that third country. A division bench of the Indian Supreme Court delivered its decision in Assessing Officer Circle (Inter ..read more

[Animesh Chaturvedi and Sohair Wani are the students of B.A.LL.B.(Hons.) at National Law Institute University, Bhopal] Introduction In March, the Ministry of Corporate Affairs notified the amended penalty provisions for anti-competitive conduct under the Competition Act, 2002 [hereafter “the Act”] in India. Simultaneously, the Competition Commission of India [hereafter “CCI”], also issued the regulations for calculation of such penalties. These changes represent a bold move for the Indian jurisdiction, significantly raising the threshold for imposing penalties on corporations for a ..read more

[Arya Alexander & Raul Mazumder are the students of National Law University, Jodhpur] Introduction In the realm of corporate dynamics, a hostile takeover refers to the acquisition of control in a company, where the existing management staunchly opposes the takeover. The question arises: Is a hostile takeover inherently negative? The answer, it appears, is subjective. While widely acknowledged for delivering excellent value returns to stakeholders, particularly public shareholders, the perception of its goodness or badness depends on one’s standpoint. When contemplating a hostile ta ..read more