Civil Laws

Preventing Collusion

By Adv Siddharth Narang, Partner Agreya Legal   Collusion, which involves businesses conspiring to manipulate markets or restrict competition, can have detrimental effects on consumers, competitors, and the overall economy. Here are some key compliance mechanisms that can help mitigate collusion and promote ethical business behaviour:   Antitrust Laws and Regulations: Governments enforce antitrust laws […]

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ANTITRUST ISSUES IN THE PHARMACEUTICAL INDUSTRY

By Adv Siddharth Narang, Partner Agreya Legal   The Indian pharmaceutical sector presents a range of practices that militate against competition, largely due to the practices of manufacturers and distributors.   According to a report, the majority of CCI interventions have targeted the pharmaceutical distribution chain, notably focusing on the All India Organization of Chemists

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Horizontal vs Vertical Agreements

  By Adv Siddharth Narang, Partner Agreya Legal   Chapter II, Section 3 of the Competition Act 2002, prohibits anti-competitive agreements that cause an appreciable adverse effect on competition within India. The section further provides two kinds of agreements namely, horizontal agreements and vertical agreements.   HORIZONTAL AGREEMENTS:   According to section 3(3) of the

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Competition Policy and Economic Development: The Role of Competition in Fostering Economic Growth

  By Adv Siddharth Narang, Partner Agreya Legal   When examining both the preamble of the Competition Act, 2002 and the logo of the Competition Commission of India (i.e. “fair competition for greater good”), it becomes abundantly clear that the law is designed to promote, sustain and ensure competition within the markets and protect it

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The Challenges in Detecting and Prosecuting Anti-competitive Conduct

By Adv Siddharth Narang, Partner Agreya Legal   Companies engaged in anti-competitive behaviour often employ sophisticated strategies that are challenging to detect. Detecting these covert arrangements requires access to internal company documents, emails, or insider information, which may not be readily available.   Lack of Awareness and Resources:   Some companies, especially smaller ones, may

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NEW INDIAN LAWS: BNS, BNSS and BSA-A Modern Shift in India’s Legal Framework

  By Adv. Arjun Goel, Director Agreya Legal   In a significant move to modernize India’s legal framework, the country has recently introduced three new laws: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These laws are designed to replace the centuries-old Indian Penal Code (IPC), Code of

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NEW INDIAN LAWS: BNS, BNSS and BSA-A Modern Shift in India’s Legal Framework

Overview of the Companies Act, 2013

The Companies Act, 2013 serves as the primary legal framework governing the formation and operation of companies in India. It replaced the earlier Companies Act of 1956 and introduced several new concepts and classifications of companies to better suit the evolving business landscape. Starting a business is undoubtedly challenging, the rewards can be significant. By choosing a

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UNDERSTANDING BANKRUPTCY IN INDIA: A BRIEF OVERVIEW

INTRODUCTION: Bankruptcy and insolvency have long been complex issues in India. But, in 2016 Central Government introduced a code i.e. Insolvency and Bankruptcy code (IBC) ,2016 to resolve insolvency. Before introduction of this code companies who were unable to repay their debts had to go through long and tedious process to seek a resolution. IBC

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The Juvenile Justice Act: A Primer

Introduction India’s Juvenile Justice Act is a crucial piece of legislation aimed at safeguarding the rights of children and providing a rehabilitative framework for those in conflict with the law. It emphasizes the principle of best interests of the child and seeks to balance the need for justice with the potential for rehabilitation.   The

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