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MCX Stock Exchange Ltd. – Appellant
Versus
National Stock Exchange of India Ltd. – Respondent


Advocates Appeared:
Anand Pathak, A.N. Haksar,Ms. Pallavi S. Shroff, M.M. Sharma, Dr. Abhishek Manu Singhvi

ORDER

1. Background

1.1 The instant case relates to competition concerns arising in the stock markets services in India, which is an important part of the financial market in the country. Therefore, it is essential to outline a brief history and nature of this sector at the start for putting the market dynamics in a perspective.

1.2 Financial market can broadly be divided into money market and capital market. Securities market is an important, organized capital market where transaction of capital is facilitated by means of direct financing using securities as a commodity. Securities market can further be divided into a primary market and secondary market.

1.3 Primary market is that part of the capital markets that deals with the issuance of new securities. It is where the initially listed shares are traded first time, changing hands from the listed company to the investors. It refers to the process through which the companies acquire capital through the sale of new stock or bond issue to investors. This is typically done through a syndicate of securities dealers.

1.4 The secondary market is an on-going market, which is equipped and organized with its own infrastructure and other resourc

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