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Moot clarificationss, Exercises of Law

SASTRA UniversityLaw

Moot clarification to be held in March

Typology: Exercises

2020/2021

Uploaded on 03/07/2023

sri-abarna
sri-abarna 🇮🇳

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CLARIFICATIONS
10th February 2023
Clarification 1 - Petitioner by whom the constitutional validity is challenged of the updated
privacy policy of Snapup (point no. 14 of Moot Problem).
The challenge is done by the Competition Commission of Myria (and Union of Myria) in the matter
filed by Snapup and Facelook before the Hon’ble High Court. A separate petition was filed by an
NGO - Carte Blanche. Since both petitions are heard together, Carte Blanche would be representing
the said matter alongside the Competition Commission of Myria.
Clarification 2 - Clarification on name of High Court.
High Court of Gheli
15th February 2023
Clarification 1 - Petitioner by whom the constitutional validity is challenged of the updated
privacy policy of Snapup (point no. 14).
Ans - The challenge is done by the Competition Commission of Myria (and Union of Myria) in the
matter filed by Snapup and Facelook before the Hon’ble High Court. A separate petition was filed
by an NGO - Carte Blanche. Since both petitions are heard together, Carte Blanche would be
representing the said matter alongside the Competition Commission of Myria.
Clarification 2 - Clarification on name of High Court.
Ans - High Court of Gheli
Clarification 3 - Who is the parent company of Snapup? Is it Beta Platforms or Facelook Inc.?
Ans - Beta Platforms owned both Facelook and Snapup. Later, Facelook acquired Snapup in June
2021. ( Beta is still the owner of Facelook).
Clarification 4 - Is there any order whereby CCM has concluded that facelook and snapup did
an abuse of their dominant position, so after the findings haven't they imposed any penalty or
direction to discontinue such abuse or any other order ?
Ans - Case is pending before CCM for final order. CCM prima facie held that : the 'take-it-or-leave-
it' nature of privacy policy and terms of service of Snapup and the information sharing stipulations
mentioned therein, merit a detailed investigation in view of the market position and market power
enjoyed by Snapup.
Clarification 5 - Why did CCM presumed snapup's market dominance, were there any
grounds for doing so, if yes, what were they ?
Ans - Snapup holds the maximum penetration rate among global messaging app users in Myria. It
has a leading role in terms of user numbers. Snapup is so deeply integrated into personal everyday
life. Beta Platforms is also ahead of its competitors when it comes to active users worldwide.
Snapup is an essential medium especially in the group with purchasing power of clients aged 25 and
over.
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CLARIFICATIONS

10th February 2023 Clarification 1 - Petitioner by whom the constitutional validity is challenged of the updated privacy policy of Snapup (point no. 14 of Moot Problem). The challenge is done by the Competition Commission of Myria (and Union of Myria) in the matter filed by Snapup and Facelook before the Hon’ble High Court. A separate petition was filed by an NGO - Carte Blanche. Since both petitions are heard together, Carte Blanche would be representing the said matter alongside the Competition Commission of Myria. Clarification 2 - Clarification on name of High Court. High Court of Gheli 15th February 2023 Clarification 1 - Petitioner by whom the constitutional validity is challenged of the updated privacy policy of Snapup (point no. 14). Ans - The challenge is done by the Competition Commission of Myria (and Union of Myria) in the matter filed by Snapup and Facelook before the Hon’ble High Court. A separate petition was filed by an NGO - Carte Blanche. Since both petitions are heard together, Carte Blanche would be representing the said matter alongside the Competition Commission of Myria. Clarification 2 - Clarification on name of High Court. Ans - High Court of Gheli Clarification 3 - Who is the parent company of Snapup? Is it Beta Platforms or Facelook Inc.? Ans - Beta Platforms owned both Facelook and Snapup. Later, Facelook acquired Snapup in June

  1. ( Beta is still the owner of Facelook). Clarification 4 - Is there any order whereby CCM has concluded that facelook and snapup did an abuse of their dominant position, so after the findings haven't they imposed any penalty or direction to discontinue such abuse or any other order? Ans - Case is pending before CCM for final order. CCM prima facie held that : the 'take-it-or-leave- it' nature of privacy policy and terms of service of Snapup and the information sharing stipulations mentioned therein, merit a detailed investigation in view of the market position and market power enjoyed by Snapup. Clarification 5 - Why did CCM presumed snapup's market dominance, were there any grounds for doing so, if yes, what were they? Ans - Snapup holds the maximum penetration rate among global messaging app users in Myria. It has a leading role in terms of user numbers. Snapup is so deeply integrated into personal everyday life. Beta Platforms is also ahead of its competitors when it comes to active users worldwide. Snapup is an essential medium especially in the group with purchasing power of clients aged 25 and over.

Clarification 6 - Whether Snapup and Facelook are free of cost or not? Ans - Yes, both are free of cost. Clarification 7 - Is there any competition in the market? Ans - Though there is competition in the market but Snapup enjoys a dominant position as found by CCM. Clarification 8 - Old and New privacy policy of Facelook. Ans - Old policy- "Respect for your privacy is coded into our DNA. Since we started Snapup, we’ve aspired to build our Services with a set of strong privacy principles in mind. Snapup provides messaging, Internet calling, and other services to users around the world.Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Snapup so delivered messages aren’t stored and giving you control over who you communicate with on our Services. When we say “Snapup,” “our,” “we,” or “us,” we’re talking about Snapup Inc. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise." New Policy -"Our Privacy Policy ("Privacy Policy") helps explain our data practices, including the information we process to provide our Services. For example, our Privacy Policy talks about what information we collect and how this affects you. It also explains the steps we take to protect your privacy, like building our Services so delivered messages aren’t stored by us and giving you control over who you communicate with on our Services. We are one of the Beta Companies. You can learn more further below in this Privacy Policy about the ways in which we share information across this family of companies. This Privacy Policy applies to all of our Services unless specified otherwise." The new policy states that shared data is used for "understanding how our services or theirs are used," "improving their services," "making suggestions for you," "personalising features and content," and "showing relevant offers and ads across the Facelook Company Products." Here's all the information Snapup will share with other Facelook : “The information we share with Facelook includes your account registration information (such as your phone number), transaction data, service-related information, information on how you interact with others (including businesses) when using our Services, mobile device information, your IP address, and may include other information identified in the Privacy Policy section entitled 'Information We Collect' or obtained upon notice to you or based on your consent." Clarification 9 - Is the compendium to be attached during the soft copy memorial submission and how many copies of the compendium are to be submitted as hard copies? Ans - No soft copy of Compendium required. One hard copy of Compendium may be submitted at the time of rounds. No need to courier.