COMPETITION 

The Firm has engaged in various matters in the domain of Competition Law since the Competition Act, 2002 came into effect in 2009. We have advised clients on a variety of matters and provided services that have included filing Information/Complaints before the Competition Commission of India (“CCI”), contesting Information/Complaints at the prima facie stage and final stages. We have also assisted clients during the process of investigation before the Director General, CCI (“DG”). Our advice/services in proceedings before the DG include advice on questionnaires to be answered during investigations, advice on and representation before the office of the Director General during examination of client’s representatives. After the completion of investigations, we also provide assistance with filing of responses to the DG report, appearances before the CCI for final hearing/meetings. We have also been engaged by clients in the appellate process where we have either appealed against orders passed by the Competition Appellate Tribunal or have defended CCI orders before the Competition Appellate Tribunal, or the High Court or even the Supreme Court of India.

Our lawyers have:

  • Represented the CCI in matter pertaining to anti-competitive       agreements and abuse of dominance in the Air cargo business,       before the Competition Appellate Tribunal.
  • Represented a broadcaster in a matter pertaining to abuse of       dominance by a monopoly player in the audience measurement       business, before the Competition Commission of India.
  • Represented a DTH operator in an inquiry under Sections 3 and 4 of       the Competition Act, 2002 before the Competition Commission of       India.
  • Represented an association of homeowners in a complaint of abuse       of dominance by a real estate developer before the Competition       Commission of India and the Competition Appellate Tribunal.
  • Represented a leading car manufacturer in a leading case of inquiry       into allegations of abuse of dominance in relation to after sales       service and availability of spare parts in the open market,before the       Competition Commission of India, the High Court of       Delhi and       the Competition Appellate Tribunal.
  • Represented a leading radio network in allegations of abuse of       dominance levelled by the client against Prasar Bharti, before the       Competition Commission of India.
  • Represented the CCI before the Delhi High Court, in an issue       relating to question of exercise of jurisdiction by the CCI under the       Competition Act, 2002 on an allegation of abuse of dominance of       the monopoly right granted under the Patents Act, 1970, with       specific reference to FRAND terms in the telecommunication sector.
  • Represented a leading Hollywood Motion Picture Studio in a case of       abuse of dominance against the client concerning the stipulation to       use a given technology in theatres exhibiting the films produced by       such motion picture studio, before the Competition Commission of       India and the Competition Appellate Tribunal.
  • Advised clients during investigations by the DG into allegations of       abuse of dominance by the biggest aggregator of television       channels in the Cable and Satellite TV industry.
  • Advised a leading Sports satellite broadcaster on issues pertaining       to abuse of dominance in a matter where the broadcaster was an       alleged beneficiary of the act of abuse of dominance.
  • Advised the CCI on the intellectual Property aspects to effectuate       the merger of Sun Pharma and Ranbaxy Laboratories Limited.
  • Regularly advise clients on opinions to review agreements/actions       from the perspective of compliance of the terms of the Competition       Act, 2002, including on issues such as abuse of dominance in the       genetically modified seeds market, electronics business,       broadcasting industry, sports business, etc.
  • Regularly advised the CCI as panel lawyers before the Competition       Appellate Tribunal, the Delhi High Court and the Supreme Court of       India. The said engagement, however, does not prohibit or limit       either of the two partners of the firm from taking private briefs on       behalf of clients so long as there is no conflict in that matter.

HIGHLIGHTS

The firm has represented both clients and the CCI itself in disputes, and handled some of the landmark cases of Competition Law in the country.

 

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