RGNUL FINANCIAL & MERCANTILE LAW REVIEW
SPECIAL E-EDITION ON COVID-19 (2020)
COVID-19: IMPLICATIONS UNDER THE INDIAN COMPETITION LAWS
The author is working as Partner at Dua Associates, Advocates & Solicitors, New Delhi
This paper sheds light upon the COVID-19 pandemic and the consequent turbulence faced by businesses in India due to the lockdown and restrictions imposed by the government. This has inevitably led to unprecedented collaborations among competitors even to the extent that some organisations may be tempted to see this as an opportunity to acquire their competitors. The author thus, analyses the million-dollar question of whether even in these challenging times, the businesses are expected to adhere to the competition law requirements and compliances. It discusses numerous anti-competitive agreements which organisations may indulge in, the exemptions granted by competition regulators worldwide, the position taken in India by the authorities and finally, some suggestive guidelines for businesses to survive the crisis.
TRADE IN THE TIMES OF COVID-19: POLICY IMPLICATIONS ON THE INDIAN ECONOMY
Ananya Singh and Kavya Jha
The authors are B.A.LL.B (Hons.) students at RGNUL, Punjab
The economic implications of COVID-19 are manifold, with international trade being an important facet. The authors discuss that lockdowns and restrictions on movements have interfered with labour supply and mobility, which have in turn caused a halt in production and disrupted supply chains globally thereby, affecting trade at the international level. This has pushed the Indian economy to a level from where recovery looks like a distant dream. The paper throws light upon the response of the governments through policy measures to tackle the negative effects of the pandemic, argues against the protectionism policy, and suggests a way forward for the recovery of the Indian economy.
COVID-19 ROPED WITH A HANDCUFFED UNORGANISED SECTOR HOG-TYING THE MIGRANT WORKERS
Rasmani Raghuwanshi and Rithika Mathur
The authors are students of B.A. LL.B. (Hons.) at the National Law University Odisha respectively
With the entire country coming down to a halt due to the COVID-19 outbreak, the worst hit is the migrant workers in the unorganised sector who occupy the lowest rungs of the society. This essay analyses the impact of a pandemic on migrant workers and how the government responded to their situation. The authors also shed light upon the role of the Judiciary, which was flooded with a large number of petitions. Besides discussing the problem at hand, the authors also discussed the reforms required to ameliorate the conditions of migrants in India.
INDIA'S DILEMMA WITH CHINESE INVESTMENTS
The author is a student of B.A. LL.B. at ILS Law College, Pune
In this essay the author analyses the investments having Chinese linkages made in the Indian capital markets, especially in context of the Covid-19 pandemic. Firstly, the essay traces upon India’s growing financial dependency on China. Secondly, it elaborates upon the Chinese Model of Corporate Governance. Thirdly, it analyses the Foreign Direct Investment Policy of India prior to the amendment made vide Press Note 3. It also elaborates upon the investment routes available in India. Lastly, the authors interpret and analyse the amendment made by the Department for Promotion of Industry and Internal Trade and the possible implications arising out of the same.
EMERGING MARKETS AT CROSSROADS
The author is working as a Quantitative Risk Analyst at the Bank of America
The author reflects that it will be a tough ride for the Emerging Markets in the times of COVID-19 due to lack of proper medical infrastructure and paucity of resources, capital outflows, and hostile foreign takeovers. This paper elucidates the implications of the unprecedented foray into the Quantitative Easing (QE) by the EM Central Banks (CB) as a result of growing concerns about the funding of fiscal deficits. It discusses at great length the QE experience in developed markets, EM announcements on liquidity support with an emphasis on India, Korea, Thailand, and China, and the many implications of QE on markets.
A POLICY PUSHED BY THE PANDEMIC: THE ECONOMIC-LEGAL CONSIDERATIONS OF THE TELEMEDICINE GUIDELINES
Nisha Gupta and Udaiveer Ahlawat
The authors are B.A.LL.B (Hons.) and B.B.A.LL.B(Hons.) students at National Law University, Jodhpur, respectively
In order to combat the adverse effects of unprecedented global crisis, the Government of India, on 25th March, 2020, released the Telemedicine Practice Guidelines. The Guidelines form a part of the National Digital Health Blueprint which aims to make the best use of the rapid internet penetration in India. This essay assesses the implementation and impact of this policy decision of the Government by analysing the many legal and economic issues involved and also offer possible solutions to the legal-economic issues in light of the pandemic.
ANALYSING THE LEGAL CONSEQUENCES OF A WORK FROM HOME ECONOMY
Khushali Mahajan and Rishabh Chhabaria
The authors are students of B.A. LL.B. (Hons.) at the Rajiv Gandhi National University of Law, Punjab respectively
With the imposition of nationwide lockdown, working from home has emerged as the only solution to oil the gears of the sliding economy. This article ventilate the viability of work from home model by discussing two of the most imminent and pressing legal issues, of contractual obligations and privacy concerns that could possibly arise. In addition to it, the authors also shed light upon the remedies available under different acts for breach of confidentiality by the receiver of information.
AWAKENING CORPORATE CONSCIENCE: THE CSR RESPONSE TO COVID-19
Shefali Chawla and Tanya Nair
The authors are students of B.A. LL.B. (Hons.) at the National Law School Institute University, Bangalore.
In this essay, the authors seek to analyse the existent Corporate Social Responsibility (“CSR”) laws in India and the response of the Government of India to the CSR law post Covid-19. It also talks about government’s move to declare CSR obligations in the form of contributions to the PM CARES Fund. The essay further evaluates and assesses the move of the Government.Lastly while hinting at significant refurbishment of laws, the essay provides policy recommendations and suggestions to overcome and adequately address the prevailing shortcomings in its response.