Author: kkslawoffices

The Supreme Court held that where one of the parties misuses the process of law or attempt to obtain an order by trick and strategem, the courts would be justified in imposing costs on the party for engaging in such vexatious litigation.

The Delhi High Court (‘DHC’) held that the power of the Appellate Court under section 148 of the Negotiable Instruments Act, 1881 to order deposit of 20% of the fine or compensation as a pre-condition for instituting an Appeal is of discretionary nature and not mandatory or compulsory.

The Federal Court of Justice, Germany (‘FCJ’), upheld the decision of Federal Cartel Office (‘Bundeskartellamt’) which held that Apple’s operations warranted special oversight under Section 19a of German Competition Act (‘GWB’). The decision of Bundeskartellamt was based on Apple’s extensive financial resources, tightly integrated ecosystem, and strong presence in the smartphone market. The FCJ upheld the Bundeskartellamt’s classification of Apple as a “company of paramount cross-market significance for competition”.

The NCLAT, Chennai, directed an inquiry into the NCLT, Chennai, for serious procedural irregularities in a 2022 case where a matter was disposed of despite not being listed for hearing. The NCLAT flagged discrepancies in the listing and hearing process, including missing records and conflicting statements. The bench called for an investigation into the fairness of proceedings, with a report to be submitted to the NCLAT Chairperson in New Delhi.

Carrefour, France’s supermarket giant, has received approval, from the French antitrust authority, to acquire Louis Delhaize’s French business with the condition of divestment, including five hypermarkets and three supermarkets, which together generate revenue of €300 million. Carrefour aims to achieve €130 million in synergies from the acquisition by 2027.

The Supreme Court (‘SC’), emphasising on the principle of reasonable accommodation, observed that the rights of persons with disabilities against disability-based discrimination should be on the same pedestal as fundamental right and held that visually impaired candidates are eligible for selection to judicial services. The SC also observed that principle of reasonable accommodation is a legally enforceable right and not a discretionary measure.

The Delhi High Court (‘DHC’), observing that counterfeiting medical products poses great public health risks and amounts to trademark infringement, awarded Johnson & Johnson (‘J&J’) ₹3.34 crore in damages against the defendant. The DHC observed that by selling substandard counterfeit products under J&J’s trademarks, the defendants had misled consumers and damaged J&J’s name.

The European Commission, expressing concerns over companies operating in the non-alcoholic drinks sector in the Member States to be engaged in anticompetitive activities, initiated unannounced inspections at the premises of these companies. The investigation comes pursuant to the apprehensions that these companies may have engaged in activities violating EU antitrust regulations pertaining to prohibiting cartels, restrictive practices and abuse of dominant market position. The investigation specifically focuses on examples of market segmentation and trade barriers inside the Single Market.

The Supreme Court of the State of New York (‘New York Court’) ruled in favour of New York Attorney General in an antitrust case pertaining to the acquisition of Toggenburg Mountain (‘Toggenburg’) ski area by Intermountain Management, one of North America’s largest hotel management and development companies. The New York Court observed that Intermountain’s tactics, to pay a premium to purchase Toggenburg and shut it down shortly after, was designed to eliminate competition and create monopoly in the Syracuse-area ski market.

The Allahabad High Court, taking note of the 14th Amendment of the Uttar Pradesh Goods and Service Tax Rules, 2017, which made e-way bills mandatorily to be accompanied for the goods in transit, held that where the goods in transit are not accompanied by e-way bill, it establishes intention to evade tax and the goods taxable at 18% were taxed only at 5%.