Corporate Law
In the last few decades and in particular since 1991 the Indian economy has seen tremendous economic reforms. With the coming in of liberalisation, privatisation and globalisation India saw a robust growth in economy paralleled with an equal and urgent need for legal reforms that would match the market trends and promote level playing field to various market forces. As a result of this the India’s policy approach shifted from controlling monopolies to promoting competition.
India enacted a new competition law called the Competition Act of 2002 that replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) and provides institutional and regulatory support for healthy and fair competition. The preamble to the Competition Act states the purpose of the Act is..”to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in the markets, in India.
WHAT WE OFFER
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Advisory and documentation: The firm undertakes drafting and review of non- compete agreements, non- disclosure agreements, franchise agreements, escrow agreements, stock swap agreements, employment agreements etc. to minimise issues with respect to anti competitive agreements and/ or abuse of dominance which could arise before the Competition Commission of India.
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Cartel, Investigations and Dawn Raids
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Litigation & regulatory: The team at the Firm has necessary skills and expertise to handle all kinds of regulatory and litigation work with respect to Competition law disputes from CCI to the Supreme Court of India.
“Ministry Of Corporate Affairs Notifies The Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudication Authority) Rules, 2019.”
The Ministry of Corporate Affairs (MCA) has notifies the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudication Authority) Rules 2019 (Rules) to provide a generic framework for insolvency and liquidation proceedings of systemically important Financial Service Providers (FSPs) other than Banks. These rules fill the legislative lacuna […]
Company against which money laundering case has been initiated cannot be allowed to be a member of CoC to be a oar
Asset Reconstruction Company (I) Limited (ARCIL) Vs. Koteswara Rao Karuchola & Ors. (NCLAT, NEW DELHI) Company Appeal (AT) (Insolvency) No. 633 of 2018 ISSUE: The issue before the Court was whether a Company against which Money Laundering case has been initiated can be allowed to be the member of the Committee of Creditors. FACTS: A […]
Amendments to FDI Policy 2019
The Union Cabinet approved certain amendments to the Foreign Direct Investment (“FDI”) policy, by way of a press release dated August 28, 2019 (“PR”). Thereafter the department for the promotion of Industry and Internal Trade (DPIIT) has issued Press Note No. 4 of 2019 dated 18th of September 2019 notifying the changes to the foreign […]