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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...
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 market collusion: New frontier for antitrust?
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...
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...
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...
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...
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Competition and COVID-19: Compliance for businesses
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 adopt stronger enforcement strategies
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...
2019 was a significant year in competition law
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...
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...
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CCI balances need for confidentiality, disclosure
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...
Taking a lenient approach to leniency
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 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 in Brief – November 2019
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...
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 most recommended 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...
New dawn for CCI’s investigation techniques
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,...
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 in brief – September 2019
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...
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...
Commercial implications of Qualcomm patent judgment
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
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...
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ICN guidelines on engaging parties in investigations
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...
Settlement of cases under Indian competition law
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...
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
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...
Competition Act gets constitutionality check
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...
The International A-List 2019
India Business Law Journal reveals the top 100 India-focused legal experts outside the country
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For more than 20 years the opening of India’s legal market to foreign law firms has been the...
To file or not to file – CCI keeps investors guessing
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...
Supreme Court settles turf war between TRAI and CCI
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...
E-commerce policy risks putting cart before horse
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...
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...
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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...
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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...
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...
The grinch that stole Christmas for e-tailers
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...
Robust legal framework key to combat illicit trade
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...
Mere information exchange isn’t cartelization, says CCI
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...
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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...
Deals in brief – November 2018
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
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...
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 – October 2018
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
“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
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
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...
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...
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...
CCI slaps record fine on South Asia LPG
The order of the Competition Commission of India (CCI) in the South Asia LPG (SALPG) case was significant as it lays down the framework for companies to access indispensable infrastructure, said a partner at...
Homebuyers’ arsenal adds financial creditor status
With the recent amendment in the Insolvency and Bankruptcy Code, 2016 (IBC), effective 6 June 2018, the status of homebuyers who are allottees of a real estate project is raised to financial creditors, enabling...
Supreme Court clarifies scope of appeal before NCLAT
The Supreme Court recently held that the National Company Law Appellate Tribunal (NCLAT) does not have the jurisdiction to dismiss an appeal for a party’s failure to provide a deposit as a pre-condition for...
Deals in brief – June 2018
Meru’s CCI complaint
Trilegal successfully represented Ola against allegations of anti-competitive agreements and alleged abuse of a dominant position, in contravention of section 3 and section 4 of the Competition Act, 2002. Meru filed four separate...
Century Textiles gives up cement business
Khaitan & Co advised Aditya Birla Group’s UltraTech on structuring its acquisition of the cement business of BK Birla group’s Century Textiles and Industries. The firm also drafted the scheme of arrangement and other...
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CCI gives Bayer acquisition of Monsanto green light
The Competition Commission of India (CCI) required Bayer and Monsanto to carry out a combination of structural and behavioural remedies before giving its approval for the merger, according to a legal adviser who worked...
Bhushan Steel IBC’s first big win
The legal team advising Tata Steel in its acquisition of Bhushan Steel faced significant challenges while carrying out a limited due diligence on the target.
“The due diligence process was very complex, as the information...
BlackRock, DSP go separate ways
BlackRock will end its joint venture with DSP Group in the mutual fund, asset management and alternate investment fund businesses and sell its 40% minority stake to the founders of DSP and its group...
Dishing up the deal
How a merger between two broadcasters survived news of a loan default and a US$4.3b debt. Rebecca Abraham reports
On 18 April the promoters of Dish TV India, a Bombay Stock Exchange-listed company that provides...
Green light for Reliance-Thales JV
The Competition Commission of India (CCI) has said that a joint venture (JV) between Reliance Aerostructure and Thales India was unlikely to have an appreciable adverse effect on competition in India. The green light...
Structuring key to Birlasoft, KPIT deal
Birlasoft, a digital business IT services company owned by the CK Birla Group, has joined forces with KPIT Technologies, which focuses on IT consulting and product engineering.
The “unprecedented transaction” involved “a merger, de-merger, a...
Bidding guidelines aim to address wind project bankability
Over the last few years, India has made momentous strides in its wind energy capacity addition, positioning itself among the top five nations as it continues to bolster the capacity with each progressing year....
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ChemChina finally gets CCI nod for Syngenta
China National Chemical Corporation (ChemChina) is getting closer to completing its takeover of Swiss pesticide and seed maker, Syngenta, after the company obtained a green signal from India’s competition regulator for the deal.
Approval from...
Will the haze clear?
Foretelling what lies ahead for India is a risky business.
With so much about India being a mix of the good and the not-so-good, it is only inevitable that stories of the country’s impressive achievements...
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50 Indian law firms that are on the ascent
By Rebecca Abraham
India’s legal market has long been dominated by a handful of law firms. But, while these firms face...
The competition lawyer’s handbook
India’s antitrust regulator releases new guidance for strengthening antitrust compliance. Avirup Bose and Sagardeep Rathi report
A recent article in IBLJ’s sister publication Asia Business Law Journal – entitled “A Regional Comparison of Competition Law”...
Notes of caution on merger control
Anand Pathak sheds light on the regulatory pitfalls that remain for parties looking to enter into combinations
Merger control was introduced for the first time in India by sections 5 and 6 of the Competition...
Seth Dua & Associates merges with Advaita
Sujit Ghosh, a partner and national head at Advaita Legal, has said that he will spend the next few months consolidating his firm’s recent merger with Seth Dua & Associates, while also keeping an...
Future Retail seeks CCI approval for HyperCity purchase
Kishore Biyani’s Future Retail Limited (FRL) has made a filing for approval with the Competition Commission of India for the acquisition of HyperCity Retail India, said AZB & Partners senior partner Ashwath Rau, who...
Largest Chinese acquisition finally closes
Khaitan & Co acted as domestic legal counsel and Troutman Sanders as international counsel to Fosun Pharma, which on 3 October completed its acquisition of a majority stake in Gland Pharma. When the deal...
Directorship, employment and copyright ownership
Delhi High Court in August dealt with a highly contentious matter pertaining to the ownership of copyright in a work involving the aspects of fiduciary duties of a director and work done in the...
Shaping a concrete destiny
In the second of a three-part series on China’s Belt and Road initiative, law firms in the region talk about their expectations, while domestic firms explain why India is keeping its distance. George W...
Lessons for SEP holders
Pravin Anand and Abhilasha Nautiyal on trends, and do’s and don’ts, for standard essential patents litigation
In recent times, India has become a battlefield for standard essential patents (SEP) litigation. Several SEP holders, including Philips,...
Massive merger required CCI approval
The Competition Commission of India (CCI) conducted a thorough investigation into a merger of equals between the Dow Chemical Company and DuPont (EI du Pont de Nemours & Company) to form DowDuPont with a...
Phoenix Legal recruits partner
Vasanth Rajasekaran has joined Phoenix Legal as a partner along with Sukrit Seth and Saurabh Babulkar, who joined as senior associate and associate, respectively.
“My experience of handling international commercial arbitration and litigation, combined with...
The future is fintech
Fintech has dramatically altered our landscape – the way we live as a society and conduct business. In the first part of a special series on technology, Leo Long explores how Indian and other...
30-day filing timeline for M&As relaxed
The Ministry of Corporate Affairs through Notification No. SO 2039 (E) dated 29 June relaxed the requirement for companies to file a notice with the Competition Commission of India (CCI) within 30 days of...
Due diligence cements Flipkart deal
The India counsel for eBay Singapore in its investment in Flipkart Limited in Singapore, and sale of eBay India to the company, said the deal required extensive due diligence and co-ordination across various jurisdictions.
“This...
CCI gives nod to Vodafone-Idea merger
The Competition Commission of India (CCI) approved the Vodafone-Idea Cellular merger, which at US$23.2 billion is the largest transaction by value in Indian M&A.
The CCI evaluated the merger holistically and examined the current state...
CCI approves sale of stake in Paytm’s parent
The Competition Commission of India (CCI) has approved SoftBank Group’s purchase of a 20% stake in One97 Communications, the parent company of digital payments firm Paytm.
AZB & Partners advised SoftBank Group in the acquisition,...
Commission dismisses complaint against WhatsApp
The Competition Commission of India (CCI) recently rejected a case filed under section 19(1)(a) of the Competition Act, 2002, against WhatsApp alleging contravention of section 4 of the act.
In Shri Vinod Gupta v WhatsApp...
Bustling market
Liberalization and reforms fuel record-breaking M&A activity, writes Nandini Lakshman
The year 2016 saw a swell in the number of India-related mergers and acquisitions thanks to a series of changes. A more liberalized foreign direct...
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Indo-Turkish joint venture to be set up
Trilegal advised Arçelik, a Turkish company, on its recent agreement with Voltas to establish a joint venture company in India to enter the consumer durables market.
Talwar Thakore & Associates advised Voltas, which is part...
Antitrust nod for HP’s purchase of Samsung division
Shardul Amarchand Mangaldas (SAM) advised HP when it recently received approval from the Competition Commission of India (CCI) for its US$1.05 billion acquisition of the global printer business of Samsung Electronics, which was announced...
Penalty to be levied only on ‘relevant’ turnover
In Excel Crop Care Ltd v Competition Commission of India and Another, the Supreme Court of India upheld an order passed by the Competition Appellate Tribunal (COMPAT) recognizing the concept of “relevant turnover” for...
Preventing telecast of dubbed serial anti-competitive
The Supreme Court recently held that activities undertaken by the Co-ordination Committee of Artists and Technicians of WB Film and Television to prevent the telecast of a dubbed television serial violated section 3 of...
Big, bold and bullish
The desire for control, the struggle for funding, a changing tax regime and increased liability are some of the key themes dominating India’s private equity landscape. Vandana Chatlani reports
Last year was a year of big and...
Competing interests
Will India ever permit the arbitration of competition law matters? Nihal Dsouza and Johannes Ungerer examine the issues
At first glance arbitration and competition law have little in common. Historically, these two branches of law have largely developed without...
In the interest of fairness
At a new Delhi function marking the 50th anniversary of UNCITRAL, Cherie Blair QC gave a keynote speech on global standards for rules-based commerce. Here she has adapted her thoughts for our readers
The United...
Partners for life?
A high-profile merger in the insurance sector could ignite deal activity, but legal and regulatory labyrinths harbour many unknowns. Amitabh Lal Das explains
The last wave of intense M&A activity in India’s life insurance sector can be...
CCI clears AT&T acquisition of Time Warner
AZB & Partners advised New York Stock Exchange-listed AT&T on Indian merger control, including notifying the Competition Commission of India (CCI), in its US$84.5 billion acquisition of Time Warner. AZB’s team consisted of New...
CCI discusses factors that led to record high penalty
India is the second largest cement producing country after China. The big players of the industry have been under the scanner of the Competition Commission of India (CCI) and were heavily penalized in 2012...
Dynamism endures
Iqbal Khan and Natashaa Shroff at Shardul Amarchand Mangaldas analyse India’s PE landscape in 2017
In a global investment environment characterized by increasing policy uncertainty, the India investment story is a rare example of a...
Fresh start
Is institutional arbitration finally going to make an impact in India? Sourish Mohan Mitra reports
Gurgaon, home to the Indian operations of half of the Fortune 500 companies, may soon also become home to an...
Regulatory view of ‘control’ puts investors in catch-22
Historically, “control” in corporate parlance has been understood as positive control. As per a 2009 press note from the Department of Industrial Policy and Promotion, control means the power to appoint a majority of...
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Ease of doing business: myth or battle cry?
Centre-state differences undermine efforts to present India as a favourable commercial destination, argues PM Devaiah
While the great Indian juggernaut of liberalization chugs along, the never ending debate on improving the ease of doing business continues...
General motors purchase cleared
The Competition Commission of India (CCI) has approved the proposed acquisition by General Motors Hong Kong (GMHK) of SAIC General Motors from SAIC Motor HK (SAIC HK).
SAIC General Motors (formerly known as Shanghai General Motors...
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Prerequisite to notify on creation of joint ventures
Calculated in terms of market access, regulatory horizon, local target, business diversification and tax implications, joint ventures (JVs) have been viewed as the most strategic entry route to the Indian economy.
The JV has progressed...
Nissan gets CCI nod to exit joint ventures
In November 2016, Ashok Leyland obtained approval from the Competition Commission of India (CCI) to buy out the stake of its Japanese partner, Nissan Motor, in three joint ventures the two companies had formed...
Videocon and Dish TV in mega merger
The board of directors of direct-to-home (DTH) television operator Dish TV has approved a scheme of arrangement for an all-stock merger with Videocon d2h.
The combined entity, which will be called Dish TV Videocon, would...
MAX and HDFC partner for life
HDFC Standard Life Insurance Company (known as HDFC Life) and Max Life Insurance Company have agreed to merge their businesses through a composite scheme of arrangement to create India’s largest private life insurer. As...
Nissan cleared of abusing dominance
The Competition Commission of India (CCI) has rejected allegations that Nissan Motor India and one of its authorized dealers abused their dominant position in terms of after-sales service.
In Smt Jolly Diclause v General Manager,...
Lafarge divests India Business to Nirma
LafargeHolcim has agreed to divest its interest in Lafarge India to Nirma for US$1.4 billion. The deal is subject to approval by the Competition Commission of India.
Lafarge India operates three cement plants and two...
Sweet victory as Jute Group Bags Compat order
The Competition Appellate Tribunal (COMPAT) has set aside a Competition Commission of India (CCI) order which penalized the Indian Jute Mills Association (IJMA) for forming a cartel with the Gunny Traders Association (GTA) to...
Cam welcomes New Lateral Partners
Cyril Amarchand Mangaldas (CAM) has acquired three new partners through lateral hires. Asim Abbas joins CAM in New Delhi to head the firm’s technology, media and telecommunications (TMT) practice; Anshuman Sakle is a competition...
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Public interest and balance in anti-dumping measures
Anti-dumping measures are imposed to protect the domestic industry from dumped imports. Therefore, the adoption of anti-dumping legislation reflects a public interest consideration in favour of the home market. However, anti-dumping measures may have...
