News & Insights

The business model of the digital economy defies application of the traditional methods of evaluation of anti-competitive effects and dominance, as prescribed under the Competition Act, 2002 (���Act�۝). Further the financial thresholds prescribed for combinations present challenges, in terms of its application to data ��� driven mergers and acquisitions.

Articles of association are one of the charter documents providing for, inter alia, management of a company, its shareholders and other matters governing the relationship amongst shareholders and the company. As per Section 10 of the Companies Act, 2013, articles of association, when registered, bind the company and its members to the same extent as if they had been respectively signed by the company and by each member, and contained covenants on their respective parts to observe all the provisions contained in the articles

In a recent judgment delivered on February 19, 2021, the Supreme Court of the United Kingdom (���UK�۝) in Uber BV and Others vs Aslam and Others[1], upheld the judgment passed by the Employment Tribunal and held that drivers engaged by Uber were ���workers�۝ within the definition and not independent, third party contractors. The aforesaid judgment has significant implications upon the precarious treatment of gig workers, which may also have a bearing on treatment of such workers in India.

The Employee stock option plan (���ESOP�۝) is a scheme or plan that provides an option/ right to the directors, officers or employees of a company or of its holding company or subsidiary company to purchase or to subscribe to the shares of the company at a future date at a pre-determined price.