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FORM VS. EFFECT BASED APPROACH – THE STORY OF COMPETITION

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T he enforcement of competition law in India, in a fair, balanced, and optimal manner is a complex task given the diverse economic and legal considerations involved. The jurisprudence on competition in India vide the enactment of Competition Act, 2002 and the establishment of Competition Commission of India (‘CCI’) has evolved the landscape of enforcement and regulation of competition in India. Introduction: The origins of the Competition Act, 2002 (‘the Act’), being an economic jurisprudence can be traced back and found in the ancient Indian texts, mainly in the Manusmriti and Arthashastra, which not only portray the rich state of trade and commerce, but also provide insights on the prevalent laws to deal with and negate foul play in the market. The unfolding of Monopolies and Restrictive Trade Practices Act, 1969 (‘MRTP Act’) into the Competition Act, 2002 transpired with the principal object to promote, foster or sustain competition in India. However, based on principle, there was n...
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ASSERTION THROUGH THE LENS OF STATUTE COUPLED WITH ESTABLISHED CRIMINAL INTENT SACROSANCT FOR EFFECTUATING ATTENDANCE OF CHAIRMAN AND DIRECTOR

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  CASE DIARY Name of the case Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. & Others Etc. Application Ref. Criminal Appeal Nos. 1047-1048/2021 Appellant Ravindranatha Bajpe Respondent (comprising of multiple parties and collectively referred as “Respondent”) Mangalore Special Economic Zone Ltd. & Others Etc. Judiciary Supreme Court of India Bench ·          Hon’ble Justice M R Shah ·          Hon’ble Justice A S Bopanna Date of judgment Sept. 27, 2021 PART - A: OVERVIEW ·        The Apex Court on the 27 th day of September 2021 rendered its judgment in an appeal preferred by the Appellant in the jurisdiction of the Hon’ble Supreme Court against the order passed by...
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