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Just another patent battle or larger war for management control

Law firms

The Indian government is striving to shrug off its country’s unwanted reputation for infrastructure project delays and inefficient regulations. As part of its proposed five-year plan starting from 2012, it has announced it will spend US$1 trillion in an attempt to bring Indian roads, ports and airports up to international standards. This mission statement has been well received by investors and industry participants, though significant hurdles remain.

Environmental compliance needed in the more industrialised States The introduction of the National Green Tribunal Act in 2010 marked a new stage of development for environmental law in India. Widely recognised by practitioners and market observers as a positive step in this growing area of practice and regulation, the National Green Tribunal (NGT) began functioning in July this year.

Godrej Group group counsel Rajiv Bakshi defends the role of the arbitrator, but is less inclined to defend the government when it comes to public interest litigation

In the public interest Public interest litigation (PIL) in India has been making headlines over the past few months, with critical court cases such as the 2G spectrum scandal and the recovery of black money. Their profile was guaranteed once they made their way through to the highest levels of the judiciary. With the spotlight on them, however, there have been murmurings of discontent, with some cases being labelled frivolous and general concern over courts’ willingness to hear PIL.

Competition work is increasing for law firms in India. With the merger control regulations notified and effective from June 2011, the importance of this area of practice is increasing in the country.

The notification of merger control regulations this year was a pivotal development in competition law in India. Having come into effect in June, these regulations will play a crucial role in mergers and related transactions in future. Lawyers warn however that the regulations are at a nascent stage, with a number of concerns still to be addressed

Multiplex cinemas hit by revenue sharing dispute The Competition Commission of India has issued orders regarding two pivotal competition law cases over the past year. The case between FICCI-Multiplex Association of India and United Producers/Distributors Forum dealt with the issue of cartels, and was seen by practitioners in the market as an important indication of the regulator’s stance on this issue. The other significant case was between the MCX Stock Exchange and the National Stock Exchange of India, which considered issues relating to abuse of dominance and anti-competitive pricing policies.

A conversation with capital markets practitioners from Linklaters