Competition law is a blend of economics and law. Sound economic analysis of vexed competition law issues is our USP. Our lawyers, with qualification in both law and economics, are adept in applying economic principles in resolving vexed competition law issues. This involves broadly the following four categories of professional services relating to enforcement of Competition Act.
A. Litigation Services
1. Antitrust Litigation before DG / CCI / COMPAT / High Courts / Supreme Court-
- Cartels & Horizontal Anti-Competitive Agreements [Section 3 (3)]- Representing clients in prosecuting as well as defending allegations of cartelization viz. price fixing, limiting or restricting entries into markets or market allocation /customer sharing, and bid-rigging/collusive bidding.
- Leniency Filings in Cartels [Section 46] –Representing clients in Leniency filings, which can result in significant reduction of fines for cartel members.
- Vertical Restraints / Vertical Anti-Competitive Agreements [Section 3 (4)] –Representing clients in prosecuting as well as defending in cases of hard core vertical restraints such as resale price maintenance, refusal to deal, tie-in arrangements, and exclusivity, non-compete etc.
- Restraints on IPR Licensing [Section 3 (5)] – Representing clients in prosecuting as well as defending allegations of abuse of dominance on account of restraints imposed in licensing of IPRs such as Patents, Copyrights to user industries.
- Abuse of Dominance / Market Power [Section 4] – Representing clients in prosecuting as well as defending allegations of abuse of dominance for both exploitative as well as exclusionary conducts by enterprises/groups.
- Compensation Claims / Private Action Suits / Class Action Suits [Section 53N] – Representing clients in prosecuting as well as defending Compensation claims, which can arise from any finding of the CCI and COMPAT of contravention of the provisions of the Competition Act. Assisting the clients in the quantification of such claims and filing private litigation in the COMPAT on behalf of victims of anti-competitive practices.
- Foreign Cartels / Abuse of Dominance Having Effect on Markets in India [Section 32] – The CCI has extraterritorial jurisdiction in prosecuting cartels and abuse of dominance. Representing clients in prosecuting as well as defending allegations of adverse effect on competition in Indian markets arising out of the conduct of foreign cartels/exercise of market power by dominant foreign firms before the CCI.
2. Combination/Merger related Litigation before CCI / COMPAT / High Courts / Supreme Court-
- Gun-Jumping Cases [Section 43A] - Representing clients before CCI for defending show-cause notices issued by CCI for alleged failure to notify a combination in time or for part consummation of the transaction before CCI approval. We also represent clients in challenging the CCI show-cause notice before the High Court as well as Supreme Court.
- Cases of Omissions / False Information in Notice Filed [Section 44/45] - Defending clients against alleged false information in the combination notices filed before the CCI as well as cases of omission to include all information in the notice.
- Modifications / Remedies [Section 31]- Where the CCI directs modification of a combination or imposes remedies while conditionally approving the mergers, we assist the clients in negotiating such remedies with the CCI as well as ensuring effective implementation of the structural as well a behavioral remedies.
B. M&A Transactions - Filings before CCI- Filing the Statutory Notice for combination i.e. acquisitions , acquiring of control, mergers and amalgamations, including demergers and joint ventures ,on behalf of the parties to a corporate transaction in CCI in the prescribed FORM I or FORM II and obtain approval of the transaction within statutory time limits .
C. Advisory & Opinions - on Antitrust / Combination / M&A Filings etc. -
- On Antitrust- Advising individual firms as well as trade associations in reviewing existing or contemplated agreements from possible competition law violations before or after execution of agreements. We also undertake competition audits and prepare industry specific training manuals as part of our Competition Compliance Program (CCP), including specific manuals such as “Dawn Raid” Instruction manual etc.
- On Combinations- Arranging for Pre Filing Consultations (PFC) with the Combination Division of CCI to clear any doubts on the filing requirements in a pending transaction since only those transactions which qualify as a combination are required to notify the CCI . Undertaking due diligence on CCI filing requirements for parties in a transaction and provide opinion on the same taking in to account the exemptions available for various transactions.
D. Policy Issues - Advising Industry chambers as well as Government departments on contemplated policy changes as well as for review of existing policies or enforcement bottlenecks of policies and their effect on competition.
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