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Pre liberalization, competition law in India was governed by the Monopolies and Restrictive Trade Practices Act, 1969 (“MRTP Act”).
Based on principles of ‘command and control’, the MRTP Act was enacted to prevent concentration of economic power in the hands of a few, control monopolies and to prohibit monopolistic, restrictive, and unfair trade practices.
It was only in the 1990s when India transitioned into a free market-based economy that the need for an effective competition law regime arose.The MRTP Act was repealed since it had outlived its effectiveness and purpose and the Competition Act, 2002 (“Act”) was enacted to replace it.
However, substantive provisions of the Act relating to competition law enforcement came into force only on 20th May 2009.
The Competition Commission of India (“CCI”) was established to enforce the provisions of the Act with the overarching objectives of preventing practices having an adverse effect on competition in India, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade.Tatva Legal, Hyderabad provides comprehensive dispute resolution related legal services and our team of experienced lawyers have advised on a multitude of litigations involving complex matters of law, amongst other services.Read More : https://tlegal.com/blog-details/who-can-be-david-to-bring-down-goliath
I’m Michigan Real estate and finance attorney David Soble.
Today we are answering a question from a homeowner in Clarkston concerning a mortgage dispute.
He’s seeking a “mortgage resolution” to his problem.
While they're definitely not that far apart in their positions, practically nothing was happening mainly because he and his wife had been possessing difficulty communicating.
My friend's response was slightly perplexing; this mediator wanted the parties to negotiate amongst themselves, which I discovered tough to understand.
Even though listening towards the parties, the mediator should also be extremely cautious not to project their opinions or values onto the parties and threat introducing concerns that are not the concern from the parties themselves.After the mediator has helped the parties narrow the scope of your troubles important to them, she or he will normally meet privately with one party or the other so that you can present the other party's point of view, This meeting, known as a caucus, is private so that a mediator can challenge one party's position, without diminishing it in front of your other party.
The mediator might challenge the party by pointing out the weaknesses of their position, for example.
This could commonly be alleviated in advance; in the event the mediator involves some explanation of this evaluative role in the starting on the process, the parties will know that what the mediator does to one, he or she will do for the other equally.The mediator, as an objective third party, is typically able to determine options that the parties might not think of themselves.
The mediator, having said that, can typically craft solutions that could incorporate elements of compromise and obtain for every party.
