Competition Commission of India

Extra - territorial operation of India’s corporate laws

Summary: This article examines certain provisions in India’s key commercial laws, including the Companies Act 2013, Competition Act 2002, and SEBI regulations, analyzing how these laws extend beyond India’s territorial boundaries. While analysing the constitutional permissibility of such provisions, the article highlights potential challenges including jurisdictional overreach and compliance conflicts for multinational corporations.Continue Reading Extra – territorial operation of India’s corporate laws

Aa Ab Laut Chalein!: Key Considerations for ‘Reverse Flips’

Summary: The trend of Indian businesses relocating offshore is reversing, with many now seeking to “reverse flip” to India, driven by the nation’s vibrant economy and capital markets. While the reverse flip offers significant opportunities, it requires careful navigation of legal processes, along with addressing complex regulatory, and corporate compliance aspects. Understanding these key considerations is crucial for companies contemplating a return to India.Continue Reading Aa Ab Laut Chalein!: Key Considerations for ‘Reverse Flips’

Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee

Background

The Supreme Court (“SC”) issued a notice[i] on a special leave petition filed by the Competition Commission of India (“CCI”) on March 1, 2024, against a Division Bench order of the Delhi High Court (“Delhi HC”) passed on July 13, 2023. The impugned order dealt with four appeals and a writ petition filed by Telefonaktiebolaget LM Ericsson (“Ericsson”), CCI, and Monsanto Holdings (P.) Ltd. (“Monsanto”) against previous Delhi HC judgements in Ericsson AB v. CCI (March 30, 2016)[ii], Ericsson AB v. CCI (December 14, 2015)[iii], Monsanto Holdings (P) Ltd. v. CCI (May 20, 2020)[iv], and letters issued by the CCI against Ericsson on July 16, 2015, and August 8, 2015.Continue Reading Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee

Regulatory Considerations for M&A Investors During COVID-19 Era

CAM authors collaborate for this article with our Guest Authors –  Michael J. Cochran, Partner at Kilpatrick Townsend & Stockton and Gabrielle Gollomp , Associate at Dentons

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The COVID-19 pandemic and the corresponding economic volatility has dramatically impacted the US and the Indian M&A market. While many high-profile companies have abandoned proposed deals, various other companies have expressed or maintained interest in pursuing strategic acquisitions during this time. This article discusses the regulatory changes that parties should consider when contemplating M&A events in the Indian and the US markets in the wake of COVID-19.
Continue Reading Regulatory Considerations for M&A Investors During COVID-19 Era