Month: July 2023

Competition Law

Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

In this article, the author examines the recent Competition Law Amendment Bill in India, which introduces the concept of “substantial business operation” to regulate combinations in the market and curb monopolistic practices. The need for qualitative thresholds arises due to the limitations of quantitative measures in capturing the impact of mergers and digital platform dominance. The article compares India’s approach with the European Union, Germany, and the UK, which also use qualitative thresholds for defining dominant players. The author urges India’s Competition Commission (CCI) to carefully implement the definition, considering the unique Indian market and potential effects on innovation and startups. Continue reading Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

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Information Technology, Medical Law

Technological Implants and the Need for Sufficiency of Legislation

In this article the author, explores the implications of technological implants, particularly microchip implants, for both restorative and non-therapeutic purposes. The author identifies two main issues that arise with such implants: (a) affixing liability in case of product failure and (b) protecting the data acquired through these devices. The article discusses the need for specific legislation to address these challenges, while analyzing the Indian framework governing such spheres and suggesting calibrated reforms. It highlights the importance of balancing individual rights, privacy concerns, and economic considerations in implementing such technology. Additionally, the author emphasizes the significance of obtaining valid consent and the role of regulatory oversight in safeguarding sensitive medical data. Ultimately, the piece advocates for a comprehensive legal framework to regulate technological implants in India. Continue reading Technological Implants and the Need for Sufficiency of Legislation

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International Law

Protectionist Policies of US and Contempt for WTO

In this article, the authors have challenged the Inflation Reduction Act, 2022 of the USA due to its inherently discriminatory domestic content requirement and made an attempt to bring it’s shortcomings and repercussions to the fore. Alongside, the authors have placed reliance on the laws and principles of WTO to show the unfair practices being followed by the American administration and their impact thereof. Continue reading Protectionist Policies of US and Contempt for WTO

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RMLNLU International Legal Essay Competition

Call for Entries: 11th RMLNLU-Khaitan & Co International Legal Essay Writing Competition and Conference on Competition Law: Submit by 27 August, 2023.

RMLNLU along with Khaitan & Co. is organising a Legal Essay Writing Competition and Conference on “Competition Law”.  Entries for the same are invited from interested law students. About RMLNLU RMLNLU was established in 2006 to impart quality legal education to students all over the country and to meet emerging challenges in the field of law. RMLNLU is committed to providing excellent infrastructure to its … Continue reading Call for Entries: 11th RMLNLU-Khaitan & Co International Legal Essay Writing Competition and Conference on Competition Law: Submit by 27 August, 2023.

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Securities

Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

In this article, the authors delve into the challenges surrounding SEBI’s Minimum Public Shareholding (MPS) norm and propose comprehensive solutions. The MPS norm requires listed companies to maintain a minimum 25% shareholding in the hands of the public. However, the regime has faced issues such as ambiguity in defining “promoters” and “promoter groups,” allowing for manipulation. The authors suggest adopting a “Controlling Shareholder” concept and introducing more market-friendly approaches. Additionally, the article addresses the uniform approach for all companies and the lack of an effective enforcement mechanism, urging SEBI to review and revamp the framework to ensure transparency and ease of compliance. Continue reading Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

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