Corporate Law Digest

COMPANY PETITION

Any member of a company can complain of oppression and if the court were to opine, that there is an oppression to any member, rather than the winding up of the company, could pass such orders as it thinks fit and considers just and equitable.

section 397 does not postulate a difference between the majority and a minority shareholder. Any member of a company could complain u/s 397. u/s 398 also, any member could complain with regard to the mismanagement and the court could deal with it as in section 397. However, in terms of section 399, only those members holding not less than one-tenth of the issued share capital of the company and in the case of a company not having a share capital, not less than one-fifth of the total number of its members alone have a right to apply u/s 397/398. Therefore the only restriction to maintain a petition u/s 397/398 is as contained in section 399. If the conditions of section 399 are fulfilled, not only could such a member maintain a petition u/s 397/398 but has a statutory right to do so.  READ MORE


COMPETITION LAW

Market definition is a tool to identify and define the boundaries of competition between firms

Therefore, the purpose of defining the ‘relevant market’ is to assess with identifying in a systematic way the competitive constraints that undertakings face when operating in a market. This is the case in particular for determining if undertakings are competitors or potential competitors and when assessing the anti-competitive effects of conduct in a market. The concept of relevant market implies that there could be an effective competition between the products which form part of it and this presupposes that there is a sufficient degree of interchangeability between all the products forming part of the same market insofar as specific use of such product is concerned. READ MORE