The Supreme Court on Friday ruled that government entities and public sector units cannot unilaterally appoint arbitrators in public-private arbitration agreements because such clauses violate the principle of equality under Article 14 of the Constitution. The bench, led by Chief Justice of India DY Chandrachud and including justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, grappled with pressing …
There were many interesting developments in the antitrust space last year, including two reports by a parliamentary panel—one on proposed amendments to the Indian competition law, and the other on a new Digital Competition Act to regulate anti-competitive practices of digital gatekeepers. Retail MFN clauses are broadly of two types: Wide MFN clauses, restricting better terms on the seller’s own …