How US anti-monopoly actions against digital giants can impact India

Agencies
June 4, 2019

New Delhi, Jun 4: The anti-monopoly actions against digital giants by the US government and Congress have the potential to affect India in significant ways because of their penetration in the country but New Delhi will have limited ability to exert similarly overarching control on them.

In the latest move, the Democratic Party-controlled House of Representatives Judiciary Committee announced on Monday that it was opening wide-ranging investigation of anti-trust actions by Google, Amazon, Apple and Facebook opening the way for legislation impacting their operations worldwide.

At the other political end, the Justice Department was reported to be preparing to conduct anti-trust probes into Google, and the Federal Trade Commission into Amazon.

The digital giants that enjoy a monopoly of search and social media have made enemies on both sides of the political aisle: the Democrats because of their perception that social media was responsible for the defeat of Hillary Clinton in the 2016 election, and the conservatives due their belief that Google and some segments of the social media are biased against them. In addition, The Washington Post that is owned by Amazon head Jeff Bezos is a strident critic of President Donald Trump.

The Judiciary Committee's ant-trust subcommittee head Representative David Cicilline told reporters in Washington that the panel will investigate why the digital "the market is failing, why the internet is broken and why it's not functioning well". It will then look at legislative action to remedy the situation, he added.

The digital giants have not reacted to the proposed anti-monopoly probes. But in the context of a European Union fine of $5.1 billion on Google for including its search and other apps in its Android operating system, Sundar Pichai, the embattled Indian American head of Google, had denied his company was a monopoly.

He had tweeted: "Rapid innovation, wide choice, and falling prices are classic hallmarks of robust competition. Android has enabled this and created more choice for everyone, not less."

Any action by the US on the tech behemoths will potentially have a bigger impact on India than on the US in some cases because of the bigger customer bases they have in India, which unlike China does not have home-grown alternatives to match them.

India has at least 300 million Facebook users while there are only 210 million in the US, according to Statista. According to some estimates, India has as many WhatsApp users as Facebook users, while in the US they number only in tens of millions.

In India, Google overwhelms search and 98 percent of smartphones use its Android operating system. 

Its YouTube has 245 million users in India and Google Pay, 22 million users, according to PC Magazine.

And Amazon has an Indian subsidiary that had $8.8 billion in sales.

But any legislative or administrative action taken in the US will impact India in significant ways because of large customer base they have there - and, in the case of Google, and Facebook and WhatsApp, the political influence they wield.

Splitting the companies or placing other restrictions by the US will affect their operations in India - and despite India having a larger user base in the case of digital networks and huge market share in the case of Amazon, New Delhi will not be having a similar say in the matters.

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Agencies
January 25,2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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Agencies
July 24,2020

Pune, Jul 24: Agile and dexterous, 85-year-old Shantabai Pawar wields sticks with absolute ease as she displays 'lathi-kathi' on the streets of Pune.

A video of her, displaying her skills in the Indian martial art form for livelihood, has gone viral on social media.

Pawar told media persons that she learnt the art form when she was only eight and has been practising it since then. The ancient martial art s believed to be linked to Dombari community, a nomadic tribe in Maharashtra.

"I have been pursuing the art of lathi-kathi since I was eight. I have never left it. It is part of me and it is an honour to practice it. My father taught me this. He taught me to work hard," Pawar told media persons.

In the video, the sari-clad octogenarian takes a warrior-like stride and effortlessly rotates a stick several times in a second in her hand and around her head and then does it with two sticks together with a smile on her face. She also tosses a stick in the air and catches it with ease.

The assembled gathering is impressed and enthused.

"People come and say, 'Well done Daadi!' I practice it to earn money for my children and grandchildren," she said.

Pawar leaves her home in the morning in the conditions created by coronavirus and performs the art form on roads and streets.

"I go to various areas to perform the art form and people give money," she said.

The artiste also uses thali and stick to gather the attention of people as most of them are indoors due to conditions created by COVID-19.

Senior citizens have been advised against venturing out due to their greater susceptibility to coronavirus but Pawar said she is not afraid to step out.

"People do advise me to not go out due to fear of COVID-19 but I am not scared. Whenever I step out, I pray to my God and he has kept me safe so far," she said.

Aishwarya Kale, a dancer and the person who uploaded the video on social media, said that it is "only an artist who can understand what help another artist needs".

"I was in that area shopping for some items and it was then I saw her performing and thought that I should film her and upload her video on social media. But I never thought that the video would go viral and she would receive financial help not just from people in the country but overseas as well," Kale told media persons.

"She is now getting honour for her craft that she couldn't get in the last 85 years. I feel good that through my small video, her art form has become viral," she added. 

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News Network
February 5,2020

Feb 5: Tesla is making Elon Musk a lot richer without paying him a dime.

A blistering stock rally has bolstered the value of CEO Musk's 19% stake in the electric car maker by $16 billion since the start of 2020, to $30 billion.

Tuesday's steep climb in the share price could sweeten Musk's payday under his record-breaking compensation package, which is built on stock options that rely on market value targets. Two milestones have now been achieved that could see Musk unlock options worth $1.8 billion.

The controversial chief executive, who is also the majority owner and CEO of rocket maker SpaceX, recently testified that he did not have a lot of cash as he successfully defended himself in a defamation lawsuit. He previously has taken loans using his Tesla shares as collateral.

Musk does not take a salary, choosing instead a risky options package that envisions the stock market value of Tesla rising to $650 billion over 10 years, a prospect that was derided by some investors when the deal was announced in 2018.

That target now looks less crazy. Shares of Tesla have rallied over 50% since the company posted its second consecutive quarterly profit last Wednesday, which was viewed as a major accomplishment for a company competing against established automotive heavyweights including General Motors Co  and BMW.

Tesla shares have climbed about 400% since early June, helped by the company's better-than-expected financial results and ramped-up production at its new car factory in Shanghai.

On Tuesday, Tesla surged as much as 24% before falling back in the final minutes of the trading session to end the day up 13.7%. That put its market capitalization at $160 billion, almost twice the combined value of Ford Motor and General Motors.

The shares had also rallied on Monday, partly fueled by Panasonic Corp's 6752.T saying its automotive battery venture with Tesla was profitable for the first time.

The options Musk was awarded in 2018 vest incrementally based on targets for Tesla's stock market value and its financial performance. The market capitalization would have to sustainably rise by $50 billion increments over the agreement's 10-year period, with the full package payout reached if the market cap reaches $650 billion, as well as the company's meeting revenue and profit targets.

Musk is on his way to seeing his first two tranches of options vest. He achieved operational targets on revenue and adjusted earnings last year.

The rise in Tesla's market capitalization last month to a target of $100 billion opened the way for Musk's first tranche of options to vest. With Tuesday's surging share price, the market capitalization blew past the second target of $150 billion, opening the way for the second tranche to vest. Tesla's market capitalization must stay at or above each target level for one- and six-month averages for each set of options to vest.

Tesla was valued at about $52 billion when shareholders approved the pay package in March 2018, a time when the company faced a cash crunch, production delays and increasing competition from rivals.

A full payoff for Musk would surpass anything previously granted to U.S. executives, according to Institutional Shareholder Services, a proxy advisor that recommended investors reject the pay package deal at the time.

Musk currently owns about 34 million Tesla shares, and his compensation package would let him buy another 20.3 million shares if all his options tranches vest.

When Tesla unveiled Musk’s package, it said he could in theory reap as much as $55.8 billion if no new shares were issued. However, Tesla has since awarded stock to employees and last year sold $2.7 billion in shares and convertible bonds, diluting the value of the stock.

Musk has transformed Tesla from a niche car maker with production problems into the global leader in electric vehicles, with U.S. and Chinese factories. So far it has stayed ahead of more established rivals including BMW and Volkswagen.

Many investors remain skeptical that Tesla can consistently deliver profit, cash flow and growth. More Wall Street analysts rate Tesla "sell" than "buy," and the company's stock is the most shorted on Wall Street.

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