Big Data and Competition Law: Bringing Acquisitions in Digital Markets under CCI Scanner in Light of Changes Proposed to the Competition Act, 2002
by Pavan Srinivas
Recently, acquisitions of companies have resulted in the acquisition of ‘big data’ datasets, providing the acquirer with a competitive edge, which may potentially be misused. The Competition Commission of India (CCI) has attempted to balance innovation with regulation; however, the statutory framework has been inadequate in evaluating the competition implications of transactions purely priced on data sets or business innovation.
Should Environment Claims Be Granted the Status of Secured Creditors in the Insolvency and Bankruptcy Code, 2016?
by Devendra Mehta
Arresting climate change requires recalibration of the global financial and insolvency systems. The dichotomy between insolvency law and environmental law arises when a debtor enters insolvency and has not fulfilled its part of the bargain on the environmental regulations and the environmental claims are treated as unsecured. This incompatibility will cease to exist if environmental claims are given the same status as that of secured creditors. Evolution of insolvency laws, both, globally as well as in India, are a testament that the insolvency laws had been malleable.
Incorporating Indirect Discrimination: Evaluating Section 9 of the Hindu Marriage Act, 1955
by Mudrika Agarwal
Laws against discrimination should shield not only from acts of direct discrimination but also from acts that perpetuate indirect discrimination. A facially neutral provision can be extremely disadvantageous to vulnerable segments of society that have already been facing acute subordination. In order to grant constitutional protection from indirect discrimination, it becomes imperative to identify the constitutional provision that acts as a safeguard to it.
AppStore Payment Policies: A Veiled Abuse of Dominance Through the Lens of Competition Regulation
by Alok Antony
At the heart of the legal battle between Epic Games and Apple is a set of restrictions Apple imposes on app developers. For instance, Apple prohibits the distribution of iOS apps outside of the App Store, which Apple fully controls. Apple similarly requires developers to exclusively use its own in-app payment system for app purchases and in-app purchases for digital content. Through this system, Apple automatically collects a 30% commission on all such transactions.
Applying the Public Trust Doctrine in India: Proposing a Three-Step Method
by Pratyush Singh
The Public Trust Doctrine has been recognized by the courts as a principle to govern the alienation of natural resources. Although the courts in India have accepted this doctrine as part of their legal system, they have never answered questions of eminence, such as the terms and duties of the trustees.
Standard Essential Patents & Competition Law: Analysing Unfair Pricing and Patent Bundling Issues
by Nityesh Dadhich
Patent Law stands in harmony with standard-setting processes as both of these encourage or support innovation. At times, commercial implementation of a standard would necessarily require the use of technology protected by one or more patents. Such standards are also known as ‘Standard Essential Patents’ (SEP), as these standards are ‘essential’ to meet the prescribed industry standard.
Semantics of the Forest: How Lack of Definitional Clarity is Leading to Degradation
by Ghanishtha Mishra & Esha Joshi
The increasingly apparent effects of Climate Change and India’s international environment protection and climate change mitigation commitments, make dedicated forest conservation the need of the hour. Yet, Indian forest policy today is the product of colonial era legislation and mindsets that prioritised economic benefit.
Ecocide in International Armed Conflicts: Assessing India's Position and Procedural Challenges in Addressing Oil Spills
by Shivesh Saini & Bhawna Mangla
The 2006 oil spill incident originating from the Jiyyeh plant in Lebanon had a severe impact on the species of fish and loggerhead turtles inhabiting the Mediterranean Sea. Approximately 35,000 tons of oil were released into the sea, leading to significant environmental devastation and detrimental effects on regional economies.
From Tradition to Transformation: Charting A Rights-Based Path to End Female Genital Cutting in India
by Avantika Tewari & Chetan R.
The World Health Organisation (WHO) defines ‘female genital mutilation (FGM)’ as any procedure involving the partial or complete removal of the external female genitalia, including injuries sustained for non-medical reasons. The study explores the prevalence and impact of female genital cutting (FGC) in India, considering the clitoris’ role in sexual arousal and its medical structure.
Does the Pendulum Swing?: Behavioural Analysis of Final Term Offer and its Applicability in India
by Nehal Tapadia
With the increasing number of pending cases within the Indian judicial system, there is a need for a mechanism of dispute resolution that takes away a substantial burden of the court. Against this backdrop, Alternate Dispute Resolution mechanisms came into play, focusing predominantly on Arbitration.