Saturday, December 5, 2020

Atharv Gupta

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Crisis Cartels During the Pandemic: A Beacon of Hope for the Indian Economy?

The COVID-19 pandemic has wreaked havoc on the global economy, thereby bringing various antitrust issues to light. One such issue pertains to whether competition authorities should consider allowing crisis cartels to function. I argue that an exemption for restructuring cartels is necessary to deal with the current economic crisis, specifically the problem of overcapacity. I substantiate my argument with examples of Indian industries that are currently plagued by overcapacity.

Searching for the Goal of the Indian Competition Act, 2002

The overriding goal of Indian competition law is enhancement of end-consumer welfare. It is this that must consistently determine appreciable adverse effect on competition [‘AAEC’] and dominance analysis, in CCI decisional practice. To make this argument, I examine various aspects of the Act, concerning predatory pricing, monopsony power, mergers, [...]

Reorganisation of Special Courts under the Maharashtra Control of Organised Crime Act – A Step Forward

This article evaluates the Government of Maharashtra’s initiative of state-wise decentralisation of the MCOCA Special Courts. To substantiate the argument, I analyse the judicial business of the MCOCA Special court, Pune, which caters to five districts of Western Maharashtra, namely, Sangli, Kolhapur, Satara, Pune and Solapur [...]