Jindal Global Law School: Blog Symposium On Competition Law (Amendment) Act, 2023

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25 April 2023 11:42 AM IST

  • Jindal Global Law School: Blog Symposium On Competition Law (Amendment) Act, 2023
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    The Jindal Digest for Competition and Innovation Laws (“JDCIL”) is a student-edited, interdisciplinary, legal blog which aims to provide an expansive view of the contemporary developments in antitrust, intellectual property and technology law. The digest is an initiative of the students of Jindal Global Law School (“JGLS”) at OP Jindal Global University, Sonipat. Through this forum, JDCIL aims to fill in a critical lacuna by providing accessible, yet quality-driven literature focusing on legal developments in intellectual property, competition and technology law. To read more about, check the website here.

    Call for Articles

    JDCIL has announced a call for articles for a blog symposium on the Competition Law (Amendment) Act, 2023 which was recently passed by both houses of parliament and published in the Gazette of India on 11th April, 2023. The symposium aims to provide a platform for students, experts, scholars, practitioners, and stakeholders to share their insights and perspectives on the amendments and their potential impact on competition and innovation.

    Background

    The new amendments, passed by the parliament recently, have introduced significant changes to the country's competition laws. Under the new regime, deals worth over INR 2000 crore ($268m) will have to be notified to the Competition Commission of India (CCI), irrespective of whether the target is exempted from the notification requirement. The CCI will also issue regulations that define "substantial business operations". The review period for mergers and acquisitions has been reduced to 150 days, with the CCI required to provide a preliminary view within 30 calendar days. If the regulator fails to meet these deadlines, the combination will be automatically deemed approved. The Act also introduces a threshold of control and allows compensation claims in settlement cases. Furthermore, under the present regime, the DG is permitted to keep information and documents that have been requisitioned during the investigation for up to 360 days.

    Overall, the amendments have been brought into force with the intention to enhance the efficiency and effectiveness of the CCI and strengthen its enforcement powers. The new amendments seek to promote the digital economy, encourage competition in emerging sectors, and address the challenges posed by cross-border mergers and acquisitions.

    Objectives:

    JDCIL’s blog symposium aims to provide a comprehensive analysis of the Competition Law (Amendment) Act, 2023, and its implications for the competition and innovation landscape in India. The symposium aims to:

    1. Review the key changes introduced in the Competition Law (Amendment) Act, 2023, and evaluate their potential impact on the competition and innovation ecosystem.
    2. Discuss the challenges and opportunities for businesses, especially in the emerging sectors, in complying with the amended competition law provisions.
    3. Analyze the effectiveness of the CCI in enforcing the new provisions of the Competition Law and its role in promoting competition and innovation in India.
    4. Debate the impact of the new provisions on cross-border mergers and acquisitions and their potential impact on the Indian economy.
    5. Examine the impact of the amended competition law on consumer welfare, particularly in the digital economy, and discuss the measures that could be taken to protect consumers' interests.

    All articles submitted for the symposium must be related to any one of the aforementioned themes.

    Submission Guidelines:

    Submissions are welcome from students, experts, academicians, and practitioners on the above themes. The articles should be original and unpublished and must not exceed 1500 words. Longer articles, if accepted by the editorial board, can be published in two parts. All submissions will undergo a blind peer-review process. Use of relevant case laws and examples to substantiate the arguments is encouraged.

    Submission Deadline:

    The deadline for submissions is 20th May 2023. Authors will be notified of the acceptance of their articles by no later than the second week of June. The accepted articles will be published on the JDCIL blog in the last week of June or first week of July.

    Link for submission: https://docs.google.com/forms/d/e/1FAIpQLSf03udz2uk5kVa6XrTDyR7eYujD6-mDrIi4S8Ez597VBWFDNQ/viewform

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