India: POEM guidelines clarified

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Premium pricing does not signify dominant position

By Manas Kumar Chaudhuri, Ebaad Nawaz Khan The Competition Commission of India (CCI) on 9 July 2018 closed a case involving allegations of abuse of dominant position against Merlin Developers, Merlin Projects Limited (Merlin Developers and Merlin Projects Limited have been collectively referred to as Merlin), Merlin group companies and their office bearers (In Re: Cambridge […]

NCLT widens approval of schemes under Provisions of the Companies Act 2013

By Mehul Shah, Sanket Shah, Aman Yagnik The Chennai Bench of the National Company Law Tribunal (NCLT) has recently approved the merger of a Limited Liability Partnership (LLP) with a private limited company (Scheme). This newsflash analyses key aspects of the NCLT order permitting the aforesaid merger. Background Under a joint company petition filed before the […]

Promotion of indigenous R&D in pharmaceutical industry by the Delhi High Court

By Ajay Bhargava, Arvind Kumar Ray, Karan Gupta In the recent case of Modi-Mundipharma Private Limited v Union of India & Ors., (Writ Petition (Civil) No. 11802 of 2016), the High Court of Delhi (Court) has clarified that incremental innovation or novel drug delivery systems like lipid / liposomal formulations, sustained release, controlled release, etc. should […]

Lawyers’ presence ensured during a competition investigation, but with riders

By Sagardeep Rathi, Pranjal Prateek, Ebaad Khan In a case connected to the Competition Commission of India’s (CCI) cartel investigation in the conveyor belt market, an appellate bench of the Delhi High Court (Court) (LPA 607/2016; Judgment dated 24 May 2018) has confirmed a single judge bench judgment of the Court (WP(C) 11411 of 2015; Judgment […]

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Navigating a new reality in the client-empowered era

To thrive in the new era of the empowered client, law firms must make investments designed to modernise the way they run their firms and service their clients. This requires changing culture, developing new competencies, and operationalising new ways of working. Innovative technologies are key enablers to accelerating rms’ transformations in these areas. New research […]

Procurement and state aid update: preparing for Brexit

By David Kilduff, Richard Auton or Richard Butterworth On 13 September 2018, the UK government published further guidance on the future of public procurement in the UK in the event of a “no deal” Brexit. What next for UK public procurement? Under current rules, all procurement opportunities that fall within the scope of the EU procurement […]

Third party redevelopment – Landlord may oppose tenant’s lease renewal

By Matthew Lonergan, Lucy Shepherd A recent case has confirmed that a landlord was entitled to oppose its tenant’s lease renewal under the Landlord and Tenant Act 1954 where redevelopment of the site was to be undertaken by a third party. Background The case of Santander UK PLC v LPS Estates Ltd concerned the security of […]

Sunset of £500K, dawn of GDPR enforcement and horizon of Brexit

By JP Buckley In just a short space of time, the ever-evolving world of data protection and cyber has seen yet more change: 1. Potentially one of the last enforcement actions under the Data Protection Act 1998 against Equifax – and a maximum £500,000 fine for them for failing to secure UK citizens’ personal data against […]

Officer of judgment debtor can be committed for failure to provide information under CPR 71 – Court of Appeal

Deutsche Bank AG v Mr Alexander Vik [2018] EWCA Civ 2011 This judgment is the latest instalment in the long-running litigation between Deutsche Bank (“DB”) and the Monaco-based billionaire, Alexander Vik. In 2008, Mr Vik’s personal investment vehicle, Sebastian Holdings, Inc. (“SHI”), incurred huge debts to DB after it made a series of heavily loss […]

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Tikit’s Carpe Diem release includes forecasting and project management

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Kinstellar has assisted the Swiss-based MET Group in entering into an agreement for the acquisition of 98.99% of the registered capital and voting rights in the Hungarian company Tigáz Zrt from the Italian oil & gas giant Eni, including Eni’s gas distribution operations in Hungary through its participations in Tigáz DSO and Turulgáz. The deal, […]

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