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The European Commission, has issued a Statement of Objections, in relation to Amazon’s acquisition of iRobot, wherein it has provisionally concluded that the acquisition is likely to result in restricting competition in the market for the manufacturing & supply of Robot Vacuum Cleaners and would allow Amazon to strengthen its position in the market for online marketplace services to third-party sellers and/or other data-related markets.
The UK Competition & Markets Authority (CMA) has provisionally found that the proposed acquisition of Figma by Adobe is likely to become a reverse killer acquisition, having the effect of eliminating competition in the market for product design, image editing & illustration. The CMA has further noted that the deal is likely to reduce innovation & development of new competitive products by both Adobe & Figma.
The Supreme Court (SC), dealing with the repudiation of fire insurance claim by the insurance company, has held that as long as the insured is not the person who caused the fire the insurance company cannot repudiate the insurance claim on the ground that the cause of fire is not certain. The SC, further, opined that insurance is governed by the doctrine of uberrimae fidei – there must be complete good faith on the part of the insured, which was established in the present case.
The Delhi High Court, while dealing with an appeal for setting aside of the Arbitral Award on the ground that the Arbitrator has erred in granting claim of loss of goodwill, without any proof of loss or damage thereof, has held that, it is difficult to establish, with mathematical precision, the quantum of loss of goodwill & in such situations, claim based on liquidated damages as set out in the contract, if accepted, does not make the Arbitral Award patently illegal.
The Delhi High Court, while dealing with an application for unconditional stay of the Arbitral Award, pending challenge for setting aside of the award, under Section 36(3) of the Arbitration & Conciliation Act, 1996, has held that, power to grant unconditional stay of arbitral award is confined only to those cases where the Arbitral Award is induced by fraud.
The Competition & Markets Authority in UK, has provisionally found that the Hanson Quarry Products’ (Hanson) acquisition of Mick George Limited (MGL) raises competition concerns in the market for supply of non-specialist aggregates or ready-mix concrete in East of England & East Midlands. Hanson & MGL are the leading construction material suppliers in the whole of UK & in the East of England and East Midlands, respectively, leading to a likelihood that the acquisition is likely to result in reduction in choice, higher prices & lower quality products for the contractors.
The Supreme Court, hearing a plea of juvenility in an appeal filed by the accused convicted by the Allahabad High Court for offence under Section 302 IPC, has held that when there are conflicting reports & documents regarding the assessment of age of the accused Rule 12(3)(b) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 would apply & the Court has to extend the benefit of juvenility to the accused by considering his age on lower side within the margin of one year.
The Supreme Court (SC), while dealing with the issue of whether an offence under Section 302 IPC could be reduced to culpable homicide not amounting to murder since the accused had no intention to kill the deceased, has held that the ‘Doctrine of Transfer of Malice’ applies in such cases, which provides that where there is ‘mens rea’ of committing an offence it can be transferred to another. The SC noted that the intention to kill some other person is immaterial as the accused had the intention of committing the offence, though accidently he might have killed another person.
The Competition Tribunal – South Africa (CTSA), in an appeal filed against the order prohibiting acquisition of majority stake by Akzo Nobel N.V. (Dulux) in Kansai Plascon Africa Ltd (Plascon), passed by Competition Commission – South Africa (CCSA), has upheld the CCSA’s order & prohibited the proposed acquisition, on the ground that the acquisition would likely result in a substantial lessening of competition in the “market for the manufacture and supply of decorative coatings in South Africa.”
The Bihar (In Admission In Educational Institutions) Reservation (Amendment) Bill, 2023 & the Bihar Reservation of vacancies in posts and services (For SC, ST, EBC and OBC) Amendment Bill, 2023 received the accent of the governor on 21.11.2023 thereby increasing the overall reservation for SCs, STs & OBCs from 50% to 65%. The statement of object stipulates the reason for bringing the amendment that according to the “‘Caste based Survey 2022-23’, it is apparent that large section of backward classes, schedule caste and schedule tribe need to be promoted…”
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Having got one of the global automobiles giants imposed with a fine of Rs. 87 crores amongst other instances, our grip on this sector is complete. KK Sharma Law Offices ('Firm') has dealt with the procurement of services of Car Carrier Trucks by market leader in automobile sector in India and brought the anti-competitive practices to the fore.
The very first investigation in the country into competition law violations was made which resulted in a cascading effect of company after company giving up the claims of loan foreclosure charges in home and car loans across the country, amongst others, were under taken.
When the allegations of cartel were brought before the enforcement machinery against the flexible conveyor belt manufacturers they were clear in their mind that only KKSLO can deal it successfully and, accordingly, they availed our services.
The very first successful instance of cartelisation dealt by the competition agency in the case of Ficci Multiplex Association was very successfully dealt with by the competition agency under the overall supervision of Mr. Sharma.
The very first penalty on the leading stock exchange of the country exceeding Rs.50 Crores was based on the investigation done by the Mr. Sharma. Subsequently, when there were allegations of future trading and guar gum and other similar commodities, for saving the enterprises from huge fines, the Firm was the natural choice for representing these companies.
It may not be that well known no manufactured vehicle can leave the premises of the manufacturer except without being loaded on to the car carrier trucks. When the instances of anti competitive practices came to the fore, the Firm was the first choice to taken services from.
