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CCI amends M&A form II format

CCI amends M&A Form II format

The Competition Commission of India (CCI) has notified, on 31 March 2022, regarding a revision to the Form II long form used by companies for merger notification. The amendment to Form II will be effective...
CCI’s-hands-tied-in-debt-trustee-dispute

CCI’s hands tied in debt trustee dispute

India’s antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay...
EU’s Digital Markets Act and implications for Big Tech Ashima Obhan Samridhi Poddar

EU’s Digital Markets Act and implications for Big Tech

By Ashima Obhan and Samridhi Poddar, Obhan & Associates
According to a press statement issued on 25 March, the European Council and the European Parliament have struck a provisional political agreement on the Digital Markets Act (DMA act). The act classifies platforms in...
Don’t-ignore-CCI’s-teeth

Don’t ignore CCI’s teeth

A more considered approach to investigations during tough pandemic times should not be construed as less commitment from the Competition Commission of India’s plans to ensure fair competition, write its Former Chair Dhanendra Kumar...
Trilegal-counsels-Ola-on-NCLAT-win

Trilegal counsels Ola on NCLAT win

Trilegal advised Ola Cabs when the National Company Law Appellate Tribunal on 7 January dismissed appeals filed by rival cab companies Meru Travels and Fast Track. The appeals pertained to a 2017 order of the...

CCI now cracking down hard on cartels

By Raj Chakrabarti and Parth Mehta, Kochhar & Co.
The recent order of the Competition Commission of India (CCI) penalising a cartel has put the focus on implementing a robust competition compliance policy. The CCI held that four Japanese shipping companies, Nippon Yusen...
CCI’s penalty orders need guidance, consistency

CCI’s penalty orders need guidance, consistency

By Karan S Chandhiok, Chandhiok & Mahajan
The Competition Act, 2002 (act), gives wide discretion to the Competition Commission of India (CCI) to penalise enterprises and individuals for engaging in anti-competitive practices. Under section 27(b), the CCI can impose a penalty...

CCI theoretical analysis of vertical agreements not practical

By Avinash Amarnath and Tarun Donadi, Chandhiok & Mahajan
Anti-competitive agreements are dealt with under section 3 of the Competition Act, 2002 (act). Section 3(4) prohibits vertical agreements between enterprises or persons at different levels of the production and supply chains that cause...
Deconstructing AI

Deconstructing AI

Hype and hysteria over artificial intelligence must be tempered to prevent knee-jerk reactions from regulators and to ensure India can reap the benefits cutting edge technology offers, write Abhivardhan and Mridutpal Bhattacharyya To its boosters,...
India Business Law Journal

Going up

Indian markets on a high The past year has been peppered with headline-grabbing equity market offerings from the country’s financial, industrial and technology companies. That they have happened in the midst of a pandemic is...
Deals of the Year 2021-opener_img_3

Deals of the Year

India Business Law Journal reveals the standout deals and disputes of 2021 and the law firms that worked hard to successfully conclude them Even as the covid-19 pandemic continued to severely affect both the economy...
S&R, Touchstone, Trilegal assist IRB equity fundraise

S&R, Touchstone, Trilegal assist IRB equity fundraise

S&R Associates represented NSE and BSE-listed IRB Infrastructure Developers in its INR53.47 billion (USD713.5 million) preferential equity issue on a private placement basis to Cintra INR Investments for a 24.9% stake, and Bricklayers Investment...
Private equity and its impact on competition Vandana Pai

Private equity and its impact on competition

By Vandana Pai and Gayatri Ramesh, Bharucha & Partners
The Competition Commission of India (CCI) is presently studying private equity (PE) investment in India in order to understand the impact that common ownership may have on competition in the relevant market. The decision...
When-does-CCI-consider-low-pricing-predatory-L2

When does CCI consider low pricing predatory?

By Lagna Panda and Prachi Agarwal, Chandhiok & Mahajan
Predatory pricing can be an abuse of dominance under Indian competition law. While the Competition Commission of India (CCI) is yet to issue a final ruling on predatory pricing by an enterprise, its decisions...
CCI-throws-curveball-in-Amazon-Future-saga-L

CCI throws curveball in Amazon-Future saga

By Freny Patel
A penalty of USD27 million imposed on Amazon might just be petty change for the USD1.6 trillion-dollar tech giant, but there is much more at stake, not just for the US e-tailer but more...
Trilegal, Khaitan assist India leg of Veolia-Suez merger

Trilegal, Khaitan assist India leg of Veolia-Suez merger

Trilegal advised France-based resource management group Veolia Environnement when India’s antitrust regulator approved its proposed acquisition of a stake in like-minded French multinational Suez, in a deal that values the latter at about USD14.5...
Chandhiok assists Intel's CCI clearance

Chandhiok assists Intel’s CCI clearance

Chandhiok & Mahajan advised Intel when the Competition Commission of India (CCI) recently passed an order stating that the chip maker had not abused its dominance of the market regarding processors for servers in...
Return-flight-tata

Return flight

By Freny Patel
The USD2.4 billion divestment of national carrier Air India, which was nationalised in 1953, means the airline is returning to its original owners, the Tata Group. Freny Patel explores the background to this momentous...
Competition-law-needs-framework-for-private-enforcement-L

Competition law needs framework for private enforcement

By Vikram Sobti and Anisha Mittal, Chandhiok & Mahajan
Competition law jurisprudence in India has evolved significantly since the Competition Act, 2002 (act), came into force. However, the private enforcement of competition law infringement is yet to take off. Private enforcement claims can only...
Challenges-in-defining-relevant-markets-for-digital-businesses-L

Challenges in defining relevant markets for digital businesses

By Deeksha Manchanda and Niti Richhariya, Chandhiok & Mahajan
Defining the relevant market is the first and most significant step of antitrust analysis. It sets the scope of that analysis and provides a structure and foundation for the economic and legal assessment within...
IBLJ2110-Cover-Story-Featured-image3

Devil in the e-detail

The government is keen to support the growth of online trade, but its draft e-commerce rules could have the opposite effect. Freny Patel reports India’s draft e-commerce rules have come under fire from industry experts...
Karan Chandhiok,Vishnu Suresh,Chandhiok & Mahajan

Are territorial restrictions anti-competitive?

By Karan Chandhiok and Vishnu Suresh,Chandhiok & Mahajan
Exclusive distribution agreements restrict or limit the supply, sale or distribution of a product or service to a defined area or to a category of customers. Broadly speaking, these arrangements can take two forms:...
CCI-beer-cartelisation-penalty-United-Breweries,-Carlsberg-India-and-Anheuser-Busch-InBev-(AB-InBev)

CCI pours beer companies hefty penalty

India’s antitrust watchdog has nailed United Breweries, Carlsberg India and Anheuser Busch InBev (AB InBev) for indulging in cartelisation, and the All India Brewers Association has not been spared either for the role it...
CCI-puts-brakes-on-Maruti-discount-controls

CCI puts brakes on Maruti discount controls

The Competition Commission of India (CCI) in August fined India’s leading automobile manufacturer, Maruti Suzuki, for dictating the discounts that dealers can offer, and penalising dealerships and individuals when they failed to toe the...
Ruchi-Khanna-and-Deeksha-Manchanda-Chandhiok-&-Mahajan

Striking a balance with competing confidentiality interests

By Ruchi Khanna and Deeksha Manchanda, Chandhiok & Mahajan
Confidentiality processes and procedures are among the most significant components of any competition enforcement framework. In April 2021, the Competition Commission of India (CCI) published a draft proposal for public comment, to revisit the...
Trilegal,-SAM,-AZB-advise-on-Prosus-acquisition-of-BillDesk

Trilegal, SAM, AZB advise on Prosus acquisition of BillDesk

A team of more than 40 lawyers from Trilegal advised Euronext Amsterdam-listed Prosus when it agreed to a INR345 billion (USD4.7 billion) acquisition, via its fintech subsidiary PayU, of digital payments provider IdeasIndia.com, which...
Top Foreign Firms 2021 - Mapping global expertise

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, India Business Law Journal reveals the top foreign law firms for India work. By Vandana Chatlani Well over a year has passed since the...
Karnataka court clears way for CCI e-commerce probe

Karnataka court clears way for CCI e-commerce probe

By Hrishav Kumar and Harshil Vijayvargiya
On 11 June 2021, the Karnataka High Court dismissed Amazon and Flipkart’s writ petition challenging the Competition Commission of India’s (CCI) probe against the pair’s alleged anti-competitive business practices. On the basis of information...

Regulating e-commerce: Do we see oversight or an overdose?

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
The Ministry of Consumer Affairs, Food and Public Distribution recently proposed amendments to the Consumer Protection (E-commerce) Rules, 2020 (rules). The rules came into force in 2020 and were framed under section 101(2)(zg) of the...
L&L Partners takes on competition expert

L&L takes on competition expert

Competition specialist Kunal Mehra has joined L&L Partners’ New Delhi office as a partner. Mehra joins from Dua Associates, where he was a partner for six years and focused on competition law and M&A. Mehra...
Challenging-taboos

Challenging tabooze

A conversation with Anand Vijay Jha, a former regulator, who has switched sides to head public policy at United Breweries. He talks to Freny Patel about taking on the challenging task of changing the...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
Indian-Law-Firm-Awards-2021-logo

Indian Law Firm Awards 2021

Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected. Investments in...
Can dominant enterprises refuse to deal, Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan

Can dominant enterprises refuse to deal?

By Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan
Abuse of dominance takes many forms. One such form is the refusal to deal. Not every instance of a refusal to deal infringes competition laws. Since competition laws look to preserve and protect competition,...
AZB & Partners, Cyril Amarchand Mangaldas and Khaitan & Co assist in Gangavaram Port acquisition

AZB, CAM and Khaitan assist in Gangavaram Port acquisition

Cyril Amarchand Mangaldas advised Adani Ports and Special Economic Zone when it acquired a 58.1% stake in Gangavaram Port from the promoters, DVS Raju and family, for ₹36.04 billion (US$497 million) in a deal...
Data protection becomes a competition issue, Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan

Data protection becomes a competition issue

By Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan
Advances in technology and digitisation have led to an increasing focus on the collection and storage of personal data. The collection, storage and use of such data as customers’ contact details and search preferences...
Will-raising-FDI-cap-attract-foreign-insurers

Insurance in bloom

The foreign ownership cap for the sector is set to be raised to 74%, but prospective investors are waiting for details of yet-to-be announced 'safeguards' before they have a flutter. Freny Patel reports The proposal...
Law firms busy on ReNew Power’s massive SPAC deal

Law firms busy on ReNew Power’s massive SPAC deal

Some of India’s top law firms were among several who worked on a US$8 billion deal involving a special purpose acquisition corporation (SPAC) that will enable ReNew Power to list on the Nasdaq.  When finalised,...
The CCI should be more coherent and enterprising, Deeksha Manchanda and Shruthi Rao, Chandhiok & Mahajan

The CCI should be more coherent and enterprising

By Deeksha Manchanda and Shruthi Rao, Chandhiok & Mahajan
The competition regime permits assessments of allegations of abuse of dominance against an enterprise under section 4 of the Competition Act, 2002 (act).  An enterprise is liberally defined in the act to include a...
Competition watchdog breaks data privacy silence

Competition watchdog breaks data privacy silence

India’s antitrust authority has finally broken its silence and identified the relationship between data privacy and competition. But although the market study on the telecommunications industry touched upon data privacy issues, the Competition Commission of India (CCI) fell short...
Manchanda joins partnership at Chandhiok

Manchanda joins partnership at Chandhiok

Deeksha Manchanda has been inducted into the partnership of Chandhiok & Mahajan. Previously a counsel at the firm working in the competition and regulatory practice areas, Manchanda specializes in advising clients on all aspects of...
Not-Happy

Not happy

Amazon isn't smiling about the proposed Reliance-Future deal, arguing that it will call into question the enforcement of contracts in India. Freny Patel finds out whether its arguments hold water The world’s richest man, Jeff...
India law firms- deals of the year 2020

Deals of the Year

India Business Law Journal reveals the most significant deals and disputes of 2020 and the law firms that worked tirelessly in bringing them to fruition. By Rebecca Abraham The year gone by has been unlike...
Settlements and commitments are the way forward, Karan S Chandhiok and Ruchi Khanna, Chandhiok & Mahajan

Settlements and commitments are the way forward

By Karan S Chandhiok and Ruchi Khanna, Chandhiok & Mahajan
In 2019, the Competition Law Review Committee published its report proposing the introduction of a settlement and commitment regime to speed up the resolution of cases. In 2020, the Ministry of Corporate Affairs published...
_SC-expands-role-of-informant-under-Competition-Law-

SC expands role of informant under Competition Law 

In a noteworthy judgment pronounced by the Supreme Court, the locus standi (right or capacity to bring an action or to appear in a court) of a person as an informant in matters pertaining...

Platinum Partners splits into two new law firms

Platinum Partners separated into two entities in November, with founder Karam Daulet-Singh starting Touchstone Partners, while partner Ankit Majmudar started Quillon Partners.  Touchstone has about 35 lawyers including six partners, while Quillon has 25 lawyers...
Competition law and problems of common ownership, Deeksha Manchanda and Vishnu Suresh

Competition law and problems of common ownership

By Deeksha Manchanda and Vishnu Suresh, Chandhiok & Mahajan
The Competition Commission of India (CCI) recently announced that it will study common ownership by minority shareholders through private equity (PE) funds and its impact on competition. This announcement has drawn attention to competition...
CCI cuts merger review disclosure requirements

CCI cuts merger review disclosure requirements

Parties seeking merger clearance can sigh with relief, as India has done away with the disclosure requirements governing non-compete clauses. In November, the Competition Commission of India (CCI) announced that parties to a combination (merger/ acquisition)...
personal data chandhiok mahajan

Non-personal data and antitrust: Much ado about nothing?

By Karan S Chandhiok and Lagna Panda, Chandhiok & Mahajan
The report on Non-Personal Data Governance Framework (report) espouses the need for open data to encourage competition and to provide a level playing field among other things. To that end, the report makes substantial...
IC Universal assist eastern condiments

IC Universal, Trilegal assist sale of Eastern stake to Orkla

IC Universal Legal advised Eastern Condiments when it agreed to a 67.8% stake sale to Oslo stock exchange-listed Orkla. Trilegal advised both Orkla and Orkla’s Bengaluru-based subsidiary, MTR Foods, through which it is making...
Avinash Amarnath Shruthi Rao, Chandhiok & Mahajan CCI Cartels

CCI on cartels: Object outweighs the effect

By Avinash Amarnath and Shruthi Rao, Chandhiok & Mahajan
The Competition Commission of India (CCI) decides an allegation of cartelization using two factors. It decides whether the conduct amounts to an agreement under section 3(3) of the Competition Act, 2002 (act), and, if...
William Vivian John and Rishabh Shah,L&L Partners,gig workers

Truly securing social security for gig workers

By William Vivian John and Rishabh Shah,L&L Partners
The gig economy offers temporary contractual jobs on a short-term or freelance basis, with remuneration based on the tasks completed. India provides 40% of the freelance jobs offered globally, with transportation firms like Ola,...

Argus assists in no-penalty cartel case

Argus Partners acted on behalf of Industrial Laminates (India), its director Saleh Najmuddin Mithiborwala and employee Virender Singh Negi before the Competition Commission of India (CCI) when the company was recently found to be...
cci perfume fragrance cosmetics

CCI gives nod to IFF acquisition of DuPont business

Trilegal advised International Flavors and Fragrances (IFF) and DuPont when the Competition Commission of India (CCI) gave its unconditional approval of IFF’s US$26.2 billion acquisition of DuPont’s Nutrition and Biosciences (N&B) business. The CCI...
CCP Niti Richhariya, Competition compliance programme

Assessing benefits of the CCP

During the past decade, the competition compliance programme (CCP) has assumed a significant place in international competition law jurisprudence. The CCP is an important tool used by various competition authorities as a part of...
Karan Chandhiok ,Salman Qureshi,Chandhiok & Mahajan Retail MFNs

No online favourites in most favoured nation clauses

By Karan Chandhiok and Salman Qureshi, Chandhiok & Mahajan
Over the past decade most favoured nation clauses (MFN) have attracted a lot of attention in the competition space. With their roots in international trade law, these clauses are used in the competition space...
yageo zba

AZB, Khaitan assist major acquisition by Schneider and Temasek

AZB & Partners advised Schneider Electric, and Khaitan & Co advised MacRitchie Investments, an investment holding company of Temasek Holdings, when the two companies partnered to acquire Larsen & Toubro’s electrical and automation business...
Raheja ICICI Lombard

ICICI Lombard acquisition boosts insurer’s market strength

AZB & Partners advised ICICI Lombard General Insurance on its acquisition of the non-life insurance business of Bharti AXA General Insurance through a share swap deal. Cyril Amarchand Mangaldas (CAM) advised Bharti AXA General Insurance...
swiggy

TTA represents Swiggy in antitrust win

Talwar Thakore & Associates (TTA) represented Swiggy, a food ordering and delivery platform that has raised US$1.6 billion since it was set up in 2014, when the Competition Commission of India (CCI) recently dismissed...
One-sided clauses in builder-buyer agreements unfair, says Supreme Court

Embassy Group subsidiaries to merge with Indiabulls

Shardul Amarchand Mangaldas & Co (SAM) advised the Embassy Group on the proposed merger of the assets of two of its subsidiaries – NAM Estates and Embassy One Commercial Property Developments – with Indiabulls Real Estate. SAM...
The-Law-Point-(TLP)-promoted-Abhishek-Puri-partner-Omprakash-Jha

The Law Point promotes lawyers in New Delhi, Mumbai

The Law Point (TLP) has promoted Abhishek Puri and Omprakash Jha to the firm's partnership in its New Delhi and Mumbai offices, respectively. Puri joined the firm in 2017 and is experienced in corporate and...
Top-foreign-law-firms-for-India-work---foreign-lawyers-Indian-lawyers-legal-services-legal-advise

A cut above the rest

India Business Law Journal reveals its leading foreign firms for India work. Vandana Chatlani reports Life has changed dramatically, and so, too, the process of law and business. Disruption, doubts, and delays caused by the...
Groupe ADP

GMR stake sale to Groupe ADP closes on amended terms

S&R Associates and Hogan Lovells advised France’s Groupe ADP (formerly Aéroports de Paris) on its acquisition of an aggregate 49% stake in GMR Airports for ₹107.8 billion (US$1.4 billion). Shardul Amarchand Mangaldas & Co...
data

Carlyle continues India investment with Nxtra stake

Freshfields Bruckhaus Deringer and L&L Partners advised entities within the Carlyle Group when it agreed to acquire a 25% stake in Bharti Airtel's data centre arm, Nxtra Data. Bharti Airtel, which will retain the remaining...
non-compete

Keeping competitors at bay

Parties must take care not to have unreasonable or one-sided non-compete clauses in agreements, as these can be rendered ineffective by the courts, writes Kunal Mehta It is well-settled law that a non-compete obligation in...
Adani Power

L&L advises sellers of Odisha stake to Adani Power

L&L Partners advised AES India and AES OPGC Holding, both subsidiaries of New York-listed AES Corporation, when the two companies signed agreements for the US$135 million sale of their 49% stake in Odisha Power...
labour

Labour market collusion: New frontier for antitrust?

By Lagna Panda and Ruchi Khanna, Chandhiok & Mahajan
Competition concerns and harm typically arise in the context of goods and services. However, these concerns can also arise in labour markets in case of collusion among competing employers, the anti-competitive effects of mergers...
merger

CCI gives green light to Fiat-Peugeot merger

Trilegal advised Peugeot and Shardul Amarchand Mangaldas & Co (SAM) advised Fiat Chrysler Automobiles when the Competition Commission of India (CCI) gave its go-ahead on 4 June for the first merger filing of two...
SEBI unveils amendments for investment in debt

Jio-Facebook deal: Competition in jeopardy?

On 23 April, the Indian market saw one of its biggest deals go off. Facebook bought a 9.9% stake in Jio Platforms for a whopping US$5.7 billion. With Jio attracting the largest FDI deal...
relief

Slowing the free fall

Taking stock of the relief measures deployed by regulators to soften the impact of the lockdown. Gautam Kagalwala reports With the COVID-19 outbreak, the government has been fighting on two fronts. It has introduced a...
India

Indian Law Firm Awards 2020

The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021" And the winners are ... Rebecca Abraham reports Companies and law firms across India have been grappling with a...
Competition

Competition and COVID-19: Compliance for businesses

By Deeksha Manchanda and Shruthi Rao, Chandhiok & Mahajan
Competition authorities worldwide including in the UK, the US, Australia and the EU have responded swiftly to the unprecedented situation created by the COVID-19 pandemic. In India, the Competition Commission of India (CCI) has...
brands

Brands adopt stronger enforcement strategies

By Manisha Singh and Keya Joshi, LexOrbis
Over the past few years, with the rise in counterfeiting and trademark infringement cases, the need for and the awareness of enforcement of intellectual property rights (IPR) has also increased. Since the target consumer...
competition law

2019 was a significant year in competition law

By Vaibhav Choukse and Nripi Jolly, J. Sagar Associates
2019 marks a decade of enforcement by the Competition Commission of India (CCI), following the notification in 2009 of the antitrust provisions of the Competition Act, 2002 (act). Despite challenges to its jurisdiction and...
CCI

Blue sky thinking

The competition regulator has over the years allowed companies to undertake innovative commitments to enable their mergers to go through, writes Soumya Hariharan of Trilegal. In the past nine years, the merger regime in India...
deals

Deals of the Year 2019

India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition The best transactions for the past year in India came...
CCI

CCI balances need for confidentiality, disclosure

By Vikram Sobti and Shruthi Rao, Chandhiok & Mahajan
On 20 November 2019, the Competition Commission of India (CCI) introduced the CCI (General) Amendment Regulations, 2019. The amendment to the CCI (General) Regulations, 2009 (general regulations), allows for the disclosure of an informant’s...
leniency

Taking a lenient approach to leniency

By Karan Chandhiok and Ruchi Khanna, Chandhiok & Mahajan
Leniency programmes have been adopted by several competition authorities as the most effective tool to detect and deter cartel conduct. A study of 52 European Commission decisions adopted between 1 May 2004 and 1...
news

News in Brief

Co-founder starts disputes firm Arush Khanna, the co-founder and a partner at Trinaya Legal, has started Numen Law Offices with lawyers George Thomas, Lakshmi Raman and Chaitanyaa Bhandarkar. The firm is a dispute resolution and...
deals

Deals in Brief

Laureate sells India business Netherlands-based Global University Systems (GUS) has acquired the education and related support services business of US-based Laureate Education in India for US$150 million. The acquisition includes a University Grants Commission-recognized university...
Aakash

Blackstone takes stake in test prep company Aakash

Blackstone invested ₹13.5 billion (US$190 million) in the test preparation education company, Aakash Educational Services (AESL), picking up a 37.5% stake in the company. “The transaction was complex and riveting,” S&R partner Mohit Gogia told...

The A-List 2019

India Business Law Journal reveals the country’s top lawyers and legal icons in 2019 ACCESS THE A-LIST 2019 The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to recognize...
investigation

New dawn for CCI’s investigation techniques

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
Dawn raids are unannounced search and seizure operations conducted by the director general (DG) of the Competition Commission of India (CCI), or investigators acting under the DG’s authority in accordance with the Competition Act,...
mergers

Dial M for merger

Significant merger activity in the telecoms sector provides a window into merger regulation and control on a global scale, writes Kalpana Tyagi The past few years have been dynamic for the telecommunications sector worldwide. Significant...
deals

Deals in brief

Hain sells Tilda to Ebro J Sagar Associates (JSA) advised and assisted on the Indian leg of the global sale of the Tilda rice business by the Hain Celestial Group to Ebro Foods. JSA advised the...
cartel

CCI exercises leniency in electric power steering cartel

The Competition Commission of India (CCI) has passed its 10th leniency order involving an application under the Lesser Penalty Regulations, 2009. “The CCI’s key focus continues to be cartel enforcement and it uses its twin...
Manoj Kumar and Sukrit Kapoor, Hammurabi & Solomon

Commercial implications of Qualcomm patent judgment

By Manoj Kumar and Sukrit Kapoor, Hammurabi & Solomon
A recent decision of the Northern California district court in Federal Trade Commission v Qualcomm Inc is being seen as a high point for numerous cases of litigation not only in the US but...
CCI dismisses complaint against cinema owners

CCI dismisses complaint against cinema owners

The Competition Commission of India (CCI) dismissed a complaint filed by Unilazer Ventures against FICCI Multiplex Association of India and its members for allegedly carrying out anti-competitive practices. “ is an important decision, where CCI...
law firms

Leaders of the pack

India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports. Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...
guidelines

ICN guidelines on engaging parties in investigations

By Karan Chandhiok and Shruthi Rao, Chandhiok & Mahajan
The International Competition Network (ICN) recently concluded its 18th Annual Conference in Cartagena, Colombia. The ICN introduced the Recommended Practices for Investigative Process (RPIP), a set of procedural guidelines drafted by the members to...
competition law

Settlement of cases under Indian competition law

By Karan S. Chandhiok and Salman Qureshi, Chandhiok & Mahajan
With competition law turning a decade old, there has, predictably, been a steep learning curve for the enforcement structure. The government recently constituted the Competition Law Review Committee to review the current provisions of...
Whats-the-deal-Chitra-Iyer

Protecting the innovators

Chitra Iyer, head of intellectual property and standards at Philips India, argues that India’s first judgment on standard essential patents is for the greater good India is slowly emerging as a land of opportunity for...

Staying compliant with competition law for M&A

By Simran Dhir and Dhruv Agarwal, S&R Associates
M&A transactions typically involve information exchanges between parties prior to completion including for due diligence, merger control notifications, the satisfaction of interim covenants, and integration planning. All such information exchanges must be carried out...
Karan-Singh-Chandhio-Vikram-Sobti-Chandhiok-Mahajan

Competition Act gets constitutionality check

By Karan Singh Chandhiok, Vikram Sobti and Lagna Panda, Chandhiok & Mahajan
In a seminal decision, Delhi High Court, while deciding on the constitutionality of certain provisions of the Competition Act, 2002 (act), has given various observations on the remit of the Competition Commission of India...
Top-100-India-focused-legal-experts-outside-the-country

The International A-List 2019

India Business Law Journal reveals the top 100 India-focused legal experts outside the country View the A-List 2019 For more than 20 years the opening of India’s legal market to foreign law firms has been the...
Arjun-Krishnan-Kavita-Jitani-Samvad-Partners-business-law

To file or not to file – CCI keeps investors guessing

By Arjun Krishnan and Kavita Jitani, Samvad Partners
A question often vexing private equity players in the Indian market is whether their investments are subject to clearance from the antitrust regulator, the Competition Commission of India (CCI). One particularly tricky area is with...
Karthik-Somasundram-and-Sneha-Jaisingh,-Bharucha-&-Partners

Supreme Court settles turf war between TRAI and CCI

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Reliance Jio has, without doubt, caused a revolution in the telecommunications industry, but it also created a conflict between two regulators – the Competition Commission of India (CCI) and the Telecom Regulatory Authority of...
Kalyani-Singh-Chandhiok-&-Mahajan-business-law

E-commerce policy risks putting cart before horse

By Kalyani Singh, Chandhiok & Mahajan
On 24 February 2019, the Department for Promotion of Industry and Internal Trade published the draft National E-commerce Policy (ECP), which sets out a proposed framework for the sector. While the ECP states that...
Priya-Mehrai-Indigo-law-business

Rising to the occasion

Priya Mehra began her career at Ajay Bahl & Co, then moved to Singapore with Jones Day, and later to Gibson Dunn & Crutcher, where she helped build the India practice. Now the general...
Top law firms in India

Indian Law Firm Awards, 2019

The 2020 Indian Law Firm Awards is out. Click here to see our full coverage  India Business Law Journal presents the top law firms in India 2018-2019. Rebecca Abraham reports The challenges and opportunities of the past...
A photo of Vasanth Rajasekaran who talks about cement prices in India and the changes brought by CCI and NCLAT

Analysis: the cement price-fixing dispute

VASANTH RAJASEKARAN of Phoenix Legal provides an insider’s perspective The Builders Association of India (BAI) brought an action under section 19 of the Competition Act, 2002 against the Cement Manufacturers Association (CMA) and 11 major cement...
Deals of the year 2018 | India Business Law Journal

Deals of the Year 2018

India Business Law Journal reveals the most important deals and disputes of 2018 and the law firms behind them. Gautam Kagalwala reports Last year mingled pleasure with pain for debt-strapped India, and many of the...
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India in 2019

Three prominent in-house counsel foretell the risks and opportunities in the pharma, data privacy and e-commerce sectors Pharma: evolving priorities The year ahead will see pharma companies and their general counsel (GC) continue to grapple with...
india-legal-developments-2018

2018: The year that was

Aman Abbas and Anant Ghuge review the major legal issues and policy developments that made headlines in India’s mainstream media The pages, websites and studios of  the mainstream media were buzzing with  matters before India’s...
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The grinch that stole Christmas for e-tailers

By Vaibhav Kakkar and Keshav Pareek, L&L Partners
The day after Christmas, the government issued a press note clarifying its stance on foreign direct investment (FDI) norms for e-commerce marketplaces, in a bid to mollify trade associations that were protesting against the...
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Robust legal framework key to combat illicit trade

By Manoj Kumar, Hammurabi & Solomon
While a 2019 report of the World Economic Forum forecasts that India will become the third largest consumer market after the US and China with a gross domestic product growth of 7.5%, and domestic...
Karan Singh Chandhiok, Shruthi Rao and Salman Qureshi, Chandhiok & Mahajan

Mere information exchange isn’t cartelization, says CCI

By Karan Singh Chandhiok, Shruthi Rao and Salman Qureshi, Chandhiok & Mahajan
The Competition Commission of India (CCI)’s 6 November 2018 decision in the Flashlights case achieved a few firsts, it lays down the treatment of information under the Competition Act, 2002, and did so despite...

Rising Stars 2018

50 law firms that are on the ascent by Rebecca Abraham Ask any in-house lawyer to name India’s most reputed law firms and most will mention the six or seven that have for long dominated the...

Deals in brief

SBI lists green bonds MTNs State Bank of India (SBI) completed a maiden green bond offering as well as Medium Term Notes (MTN) issue on the Global Securities Market (GSM) platform of Bombay Stock Exchange’s...

Algorithms and Big Data: An antitrust perspective

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
There has been a growing interest among antitrust authorities across the globe on how companies with market power collect and process data. Use of algorithms, machine learning and otherwise, and Big Data are being...
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Deciphering data privacy

AlixPartners director David White has investigated financial fraud as part of the US Department of Justice’s multi-agency bank fraud taskforce and has served as special e-discovery counsel for numerous multinational Fortune 100 companies. India...

Deals in brief

Heinz sale to Zydus Wellness Cyril Amarchand Mangaldas acted as the Indian legal counsel to US-based The Kraft Heinz Company’s sale of 100% equity stake of Heinz India Private Limited to Zydus Wellness Ltd. Heinz India,...

Forex rules hinder foreign participation in debt unwind

By Apurva Jayant and Amritha Kumar, L&L Partners
“It is said that the world is in a state of bankruptcy, that the world owes the world more than the world can pay.” (Ralph Waldo Emerson.) Whether or not universally true, this quotation...

Big data: A new frontier for competition law

By Kalyani Singh and Mohith Gauri, Chandhiok & Mahajan
Big data and data-driven innovations have become an important part of our digital society. Big data has the potential to significantly improve services and products. Given the ubiquity and the impact of big data,...

Media ownership rules in the age of internet

By Bharat Vasani, Cyril Amarchand Mangaldas
The rapid consolidation in the Indian media industry has again caused a debate on the regulation of cross-media ownership. While the number of channels for entertainment and information have increased, control of these channels...
Editor's note IBLJ

Transformative thinking

“I am what I am, so take me as I am” These were the famous words of Goethe quoted in the opening paragraph of the recent Supreme Court judgment decriminalizing gay sex. The historic ruling was...

Fighting for control

A dispute between two established television companies and a small player has brought to the fore questions about the jurisdiction of regulators. Rebecca Abraham reports  India’s antitrust regulator on 27 July ordered its investigative wing...
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Hyundai case: A lesson for CCI

Atul Dua and Anupam Sanghi analyse why the competition regulator’s order was set aside The automobile industry is prominent for a high incidence of alleged anti-competitive conduct on the part of car manufacturers and their...

Legal discord?

Clashes between intellectual property laws and antitrust laws are causing a headache for rights owners Intellectual property (IP) and antitrust laws seem to be two areas of law that are in conflict. In IP rights,...

Competition regulator introduces DIY tool

The Competition Commission of India (CCI) has introduced a do-it-yourself (DIY) notifiability check tool for companies to find out if they need to notify the body about acquisitions or amalgamations. The DIY tool asks...

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