The Competition Act, 2002 and the rules and regulations made thereunder sets the competition law regime in India. The Competition Commission of India (“CCI”), established under the provisions of the Competition Act, is the market regulator tasked with adjudicatory and regulatory functions.
The Competition law framework includes substantive assessment of anticompetitive conduct, regulating combinations and the promotion and protection of competition. Curbing anticompetitive effects on the market is achieved through the prohibition of anticompetitive agreements, abuse of dominant position and by way of regulation of combinations, i.e. acquisitions, mergers and amalgamations.
CCI is tasked with vast enforcement powers, inter alia, to levy fines on company and officers in charge, and to alter the business practices of the companies.
Sarvada Legal possesses rich experience in handling a wide range of contentious as well as non-contentious competition law matters in sectors such as e-commerce, digital markets, auto parts and automobile, stock exchange, aviation, oil & gas, entertainment, government procurement, fast moving consumer goods, chemicals, radio taxi among others. The Competition Law practice at Sarvada Legal is headed by practitioners who have been recognized by Legal 500, Whos Who Legal, Chambers & Partners and Asia Law for their work in Competition Law.
The competition law team at Sarvada Legal comprises advocates who have been at the forefront in appearing in leading matters across sectors which is shaping the jurisprudence of competition & antitrust law in India. Apart from enforcement, the team has represented some of the leading companies across sectors in obtaining approvals from the CCI for their transactions. Additionally, the team also assists clients in designing and implementing effective competition law compliance program as a part of their active risk management.
The team has experience in aiding and advising clients on the entire gamut of competition law matters including:
- Assisting and representing clients before the Director General, Competition Commission of India, the National Company Law Appellate Tribunal, High Courts and the Hon’ble Supreme Court of India.
- Representing clients in filing leniency applications with the CCI as well as representing companies that are party to leniency proceedings in investigations before the DG and inquiries before the CCI.
- Merger control: structuring, advisory, filing merger notifications and obtaining merger approval from the CCI; structuring and negotiating commitments between clients and the CCI.
- Review of the agreements and business practices of the companies to ensure that they are in compliance with competition law.
- Training and preparing clients for dawn-raids and designing, implementing and maintaining competition compliance programs.
Some of the notable matters that our team has worked include:
- Representing leading taxi operators in the “taxi wars case” against Ola & Uber before the CCI, National Company Law Tribunal (previously before the Competition Appellate Tribunal) and the Supreme Court. We were successful in obtaining a favourable order from Supreme Court of India against Uber recently which shaped the jurisprudence of dominance in India.
- Representing the association of brick and mortar traders and sellers against the dominant e-commerce players and its preferential sellers before the CCI, National Company Law Appellate Tribunal and Rajasthan High Court, Jodhpur. Our efforts have helped in shaping the e-commerce policy and consumer policy of India.
- Representing & advising three leading Japan headquartered OES in the global auto parts investigation before the CCI and the Director General (“DG”).
- Representing the same OES in a lead matter before the High Court of Delhi on the extra-territorial jurisdiction of the CCI.
- Advised a leading contraceptive manufacturer on ongoing investigations before the CCI.
- Represented a leading Japanese car manufacturer before the CCI & Competition Appellate Tribunal (“COMPAT”) in the after sales market.
- Represented the said Japanese OEM before the High Court of Delhi in a challenge to the Constitutional validity of the CCI.
- Representing the senior officials of an Indian pharmaceutical company & a Japanese company in a cartel investigation before the CCI.
- Appointed as the dawn raid counsel for a leading German multinational conglomerate in engineering business.
- Representing a leading budget hotel chain against a dominant online intermediation company before the Director General, CCI, NCLAT and Gujarat High Court.
- Representing a leading Indian conglomerate in their merger filing in the airports sector.