Author: kkslawoffices

The European Commission has adopted revised Horizontal Block Exemption Regulations on Research & Development and Specialisation Agreements, and Horizontal Guidelines to assist business to assess the compliance of their horizontal agreements with the competition laws of the European Union. The changes also include a chapter on sustainability agreements, providing these agreements a safe harbour from the application of Article 101(1) of the Treaty on the Functioning of the European Union if certain conditions are met.

Germany’s antitrust regulator, Bundeskartellamt, initiated an investigation to assess whether Vodafone and Vantage Towers are violating competition law by hindering the deployment of 1&1’s mobile network in terms of radio mast utilization. While 1&1 and Vantage Towers agreed to share a significant number of antenna locations throughout the country in 2021, the delay in the provision of the agreed locations by Vantage Tower has affected the deployment of 1&1’s network and the antitrust regulator will investigate whether there are sound reasons for such a delay.

The Supreme Court (SC) was dealing with the order passed by the Central Administrative Tribunal (CAT) which has declined to entertain the pending recruitment of the Petitioner in Delhi Police on the ground that the Petitioner’s name has been surfaced in an FIR filed by his sister-in-law for cruelty against her. SC while setting aside CAT’s order noted that, in the charge-sheet filed, no evidence of involvement of the Petitioner was found and further that “merely being named in the FIR cannot be treated as an impediment for public appointment, unless the involvement is substantiated on investigation, specially in relation to matrimonial offence.”

The Australian Competition & Consumer Commission (ACCC) has published its final report on “Airline competition in Australia,” outlining the lack of effective competition in Australia’s domestic airline industry. For decades, the domestic airline industry has been dominated by two major players i.e., Qantas Group & Virgin Australia, which has resulted in higher airfares and poor service to consumers. The report further proposed legislative and policy changes, like freeing take-off and landing slots at the airport and establishing ombudsman for consumer related issues and others, for the promotion of competition.

The Italian Competition Authority (AGCM) has initiated an investigation against the Italian Football Federation, Federazione Italiana Giuoco Calcio (FIGC), for allegedly abusing its dominant position in the organisation of recreational-amateur football competitions in the youth sector. The AGCM is concerned with the actions of FIGC which requires obtaining prior authorisation to organise youth recreational-amateur tournaments. Allegedly, these actions illegitimately restrict the freedom of Sports Promotion Bodies from organising recreational-amateur football resulting in fewer opportunities for the young players.

The Law Commission of India, in consonance with the plea by the Central Government to reconsider whether Section 124A of the IPC, 1860 needs to be retained or not, has in 279th Law Commission Report (LCR) recommended that the provision should be retained with certain amendments. The report declined to accept that the said provision has colonial legacy and proposed amendments such as – preliminary enquiry by a Police Inspector, approval from the Central or State Government before filling an FIR and increase in punishment from 3 years, at present, to 7 years or up to life imprisonment with fine.

The Allahabad High Court (Allahabad HC), dealing with an order, of the Regional Secretary of Madhyamik Shiksha Parishad of Bareilly, Uttar Pradesh, rejecting the applicant’s plea seeking a change of his name in the high school and intermediate school certificates, held that “the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.”

The Karnataka High Court (Karnataka HC) while dealing with a criminal appeal arising out of a conviction order for the offence of rape on a deceased person has held that “a careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Sections 375 or 377 would not attract.” It further noted that it is high time to make necrophilia – sexual attraction or act involving corpse(s) – an offence and recommended the Central Government to include those changes through amendment in the Indian Penal Code, 1860.

The Delhi High Court, in a petition seeking the enrolment of a Korean national, who obtained law degree from an Indian institution, in the Bar Council of Delhi (BCD), directed the Bar Council of India to allow the application for enrolment with the BCD. The enrolment was allowed in view of Section 24 of the Advocates Act, 1961 which allows nationals of other country to be enrolled as advocates if the duly qualified Indian citizens are permitted to practice law in that other country.