Tech Giants & Dominant Market Positions – Understanding the Underpinnings of Antitrust Suit by France against Google
Introduction ‘Competition’ encourages companies to offer consumers goods and services on the most favourable terms as per the European Commission’s (“EC”) Antitrust policy. Competition promotes efficiency and innovation, while providing prices and offers that are consumer-friendly. In order for market competition to be effective, although companies are required to act independently of each other, they […]
Emergency Arbitrator’s order is exactly like an order of an Arbitral Tribunal: SC Rules in favour of Amazon
Factual Overview In August 2019, Future Retail Limited (“FRL”) signed a deal with global e-commerce giant Amazon India Limited (“Amazon”). As a part of the deal, Amazon acquired a certain stake in Future Coupons Private Limited (“FCPL”), the promoter firm of FRL. FRL would be able to place its products on Amazon’s online marketplace and […]
Consumer Protection (E-Commerce) Rules, 2020 (Part III)
This article forms Part III of the three-part series of our discussion on Consumer Protection (E-Commerce) Rules, 2020. Part I provides the general overview of the e-commerce business models and discusses the objectives of the Rules. Part II deals with the key highlights of the Rules, 2020 and its limitations. This part deals with the recently introduced Consumer Protection […]
The Race for an NUE Licence
The National Payments Corporation of India (“NPCI”) was set up according to the provisions of the Payment and Settlement Systems Act, 2007, with the aim of forming a ‘robust Payment and Settlement Infrastructure in India’. As a joint initiative of the Reserve Bank of India (“RBI”) and the Indian Banks’ Association (“IBA”), NPCI was incorporated […]
Dark Patterns: Diluting the User Sovereignty
Have your ever tried to deactivate or delete your Instagram account from the mobile application? You can’t. The app has no feature to that effect. A user can temporarily disable or deactivate their account only by logging into the website version. Even then, the user has to go through a maze of settings to reach […]
Understanding Confidentiality Clubs
Introduction Open dispensation of justice is a guiding principle of all legal systems in common law countries. A major element of this principle requires parties in dispute to share evidence and documents pertaining to the issue, in order to build their case. An exception to this principle, however, which is commonly seen in IPR litigation […]
Consumer Protection (E-Commerce) Rules, 2020 (Part II)
This article forms Part II of the three-part series of our discussion on Consumer Protection (E-Commerce) Rules, 2020. Part I provides a general overview of the e-commerce business models and discusses the objectives of the Rules. This part deals with the key highlights of the Rules, 2020 and its limitations. The recently introduced Consumer Protection (E-Commerce) (Amendment) […]
Consumer Protection (E-Commerce) Rules, 2020 – A Consumer Empowering Regime (Part I)
The Consumer Protection (E-commerce) Rules, 2020 (“Rules, 2020”), were introduced by the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) on 23rd July 2020. These Rules have been a subject of interest for a number of stakeholders for a long time. The Government, in 2019, came up with the draft of Consumer […]
Deepa Jayakumar v. A.L. Vijay & Others
Background Of the Case A Madras High Court Bench led by Justice R. Subbiah & Justice Sathi Kumar Sukumar Kurup on 16th April 2020, delivered the judgement in the light of the present case dealing with right to privacy and freedom of speech and expression, enshrined in the Constitution of India. In this case Deepa […]
Lalit Kumar Jain v. Union of India: Personal Guarantors under the IBC
Introduction On 21st May 2021, a two-Judge Bench of the Supreme Court (“SC“) decided the applicability of the Notification dated 15th November 2019 by the Ministry of Corporate Affairs, Central Government which stipulates that the personal guarantor shall be liable for the debts of the company. The SC held that the Notification in question is […]