The Modern Monopolies: Killer Acquisitions in the Digital Industry
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
1d ago
[Ishita Ayala is an undergraduate student at the National Law University Odisha.] INTRODUCTION   “Killer Acquisitions” refers to the notion of large companies taking over nascent competitors to curb existing competition. These acquisitions are referred to as “conglomerate mergers” as the firms do not directly compete with each other (“horizontal mergers”) or produce inputs utilized by other firms (“vertical mergers”) but often result in the foreclosure of competition and reduced innovation. They defy Schumpeterian ideals about “creative destruction,” wherein old ideas and proc ..read more
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Competition Concerns of the Air India-Vistara Merger in the Aviation Industry
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
3d ago
[Shreya Saswati and Sruti Patra are third year B.A.LL.B. (Hons.) students at National Law University, Odisha] In November 2022, the TATA Group announced the consolidation of its airlines, Vistara and Air India. Air India, which is entirely owned by Tata Sons with a 100% stake, is the flag carrier airline of India and one of the biggest players in the Indian civil aviation industry. Vistara is a joint venture between TATA Sons Private Limited (TSPL) and Singapore Airlines Limited (SIA). The Merger transaction seeks to merge Vistara into Air India subject to regulatory approvals. TSPL and ..read more
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NAVIGATING TRADEMARK RESIDUAL GOODWILL: STRIKING A BALANCE FOR FAIR COMPETITION
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
3w ago
[Rachit Prakash Mathur is a second year student at National Law School of India University] Introduction While there is no clear definition of goodwill, many scholars define it as the inherent value of the trademarks - the recognition of the mark among consumers and the extra wealth it generates. For accounting purposes, goodwill is the difference between the total market value of a company and that of its hard assets like buildings and machinery. The term residual goodwill means any goodwill that remains in a trademark after it has been abandoned. Indian courts have struggled with t ..read more
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Revamping the Nomination Facility: Analyzing SEBI’s Proposed Nomination Reforms
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
3w ago
[Kushagra Keshav and Sanidhya Somvanshee are B.A., LL.B. (Hons.) student at National Law University Odisha] Introduction On 2nd February 2024, the Securities and Exchange Board of India (SEBI) released a consultation paper proposing revamps and reforms to the nomination facilities available for securities and mutual fund holdings. The objective of these reforms is to reduce unclaimed assets in the securities market and strengthen the investor's protection. The nomination facility in the Indian securities market has existed for a long time, but minimal investor awareness and admi ..read more
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LEGAL INSIGHTS: UNRAVELLING THE GROUP OF COMPANIES DOCTRINE IN LIGHT OF COX AND KINGS RULING
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
1M ago
[,Anshuman Jhala is a law student at Gujarat National Law University] Introduction   Arbitration is a private matter between the parties to the agreement and is a process which finds its functioning based on consent. A valid arbitration agreement necessitates consensus ad idem, as stipulated in Section 7 of the Arbitration & Conciliation Act, 1996 (“the Act"). This means that both parties must agree with the terms of the agreement and have a mutual intention of resolving disputes via arbitration. The notion that the rights and responsibilities outlined in an arbitration agre ..read more
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NON-OBSTANTE CLAUSE IN COMPANIES ACT 1956: SUPREME COURT AFFIRMS LEGAL HEIR’S RIGHTS
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
1M ago
[Shruti Thakare is a ,3rd year law student at Gujarat National Law University] Introduction: The landmark judgment Shakti Yezdani v. Jayanand Jayant Salgaonkar, delivered by the Supreme Court of India (Supreme Court) on December 14, 2023 provides clarity in resolving the longstanding conflict between ‘the rights of a nominee under Section 109A of the Companies Act, 1956’ (1956 Act) and ‘the claims of successors to shares or securities in a company’. It was held that the rights bestowed upon a nominee under both the 1956 Act and its successor, the Companies Act, 2013, do not confer an absolute ..read more
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ANALYSING THE APPLICABILITY OF FOREIGN JURISDICTION CLAUSES IN INDIA
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
1M ago
[,Jayanti Dhingra is a second year B.A. LL.B.(Hons.) student at O.P. Jindal Global University] In contracts with foreign entities, parties usually incorporate a foreign jurisdiction clause and take up the alternative dispute resolution mechanisms to address their disputes in order to avoid traditional court systems. Indian Courts have stated that parties can grant exclusive jurisdiction to a foreign court where at least one of the parties is not an Indian. However, the Courts have taken a very restrictive approach in deciding the applicability of foreign jurisdiction clauses. In India, th ..read more
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UNRAVELING THE JIO-DISNEY MERGER: EXAMINING ITS IMPACT ON INDIA'S STREAMING LANDSCAPE
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
1M ago
[,Piyush Gupta and Himanshu Gupta are students at NLSIU, Bangalore and NMIMS, Mumbai respectively] The recent announcement of the Sony-Zee merger has sent ripples across the Indian Over the Top (OTT) market, hinting at a potential shakeup in the industry's dynamics. Amidst this backdrop, the Jio-Disney deal emerges as a pivotal development with far-reaching implications for both players and consumers. Disney Plus Hotstar, a prominent player in the OTT landscape, found itself in direct competition with Jio Cinema, particularly following Jio's acquisition of IPL rights. The battle for subsc ..read more
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IS COMPULSORY CONVERTIBLE DEBENTURE A FINANCIAL DEBT OR EQUITY?
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
2M ago
[Chirayu Singh is a third year student at Gujarat National Law University] The Insolvency and Bankruptcy Code 2016 (IBC), under section 71(1), classifies debentures as financial debt. According to Section 71(1) of the Companies Act 2013, there are various types of convertible debentures, one of which is "Compulsory Convertible Debentures" (CCD). CCDs are mandatorily converted into equity at the time of redemption. Compulsory Convertible Debentures A debenture is a loan taken by a company based on its goodwill without any collateral. Debentures are issued at a discount and redeemed at ..read more
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Meeting Competition Defence: Addressing Competitive Challenges Post 2023 Amendment
The Competition and Commercial Law Review Blog
by The Competition and Commercial Law Review
2M ago
[Dikshya Debipya Panda and Pavitra Priyadarshan are penultimate year students at National Law University, Odisha] The Competition Amendment Act 2023 (‘amendment’) addresses a longstanding issue pertaining to the meeting competition defence (‘defence’). The defence is available to enterprises that are dominant in a given market. This empowers a dominant entity to impose discriminatory conditions or prices to meet the competition. It enhances adaptability to navigate the changing market scenario. Earlier, the defence was only limited to discriminatory practices. However ..read more
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