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The Practice

India’s competition law prohibits anti-competitive agreements (including cartels) and abuse of dominant positions. It regulates merger control transactions or combinations of enterprises. The hefty fines, prosecution and damages likely to be levied by the Appellate Tribunal, constituted under the law (at the initiation of third parties) can potentially imply dire consequences impacting reputation and sustainability of enterprises. Financial thresholds, under the Competition Act, require detailed information on worldwide turnover and assets and seem complicated to analyse, in practice. The decisional practices of the Competition Commission, Appeal Tribunal and the Supreme Court on substantive provisions of the law and, at times, several High Courts on due process issues have taken some unusual twists and turns resulting in uncertain outcomes in contrast with other regimes.

The decisional practices of the Competition Commission, Appeal Tribunal and the Supreme Court on substantive provisions of the law and, at times, several High Courts on due process issues have taken some unusual twists and turns resulting in uncertain outcomes in contrast with other regimes.                 



The experience of our team combines expert anti-trust lawyers, ex-regulators, transaction lawyers and dispute resolution lawyers. These teams advise clients on a variety of matters including anti-trust dispute resolution, merger filings, leniency applications, compliance audits and dawn raids.


The Khaitan Advantage

We work with clients to address issues such as gun-jumping and in merger control cases, and help them with solutions on regulatory litigation. Our teams also work with external specialised senior advocates of the Supreme Court as required. We bring a well-rounded perspective on competition law matters based on the diverse backgrounds of our team members and the depth of our experience.

Clients appreciate the firm's high levels of partner involvement. As one source explains, "the firm sees to it that a senior partner is designated for the deal and is always available for solving issues."

Chambers and Partners Asia Pacific, 2018

Key Contacts

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Key Deals

IHH Healthcare Berhad

Successfully assisted our clients in securing the CCI’s approval for acquisition of shares of Fortis Healthcare Limited and Fortis Malar Hospitals Limited. This transaction is the first acquisition of its kind in the healthcare sector to date which has been reviewed by the CCI.

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DENSO Corporation

Assisted DENSO Corporation in the acquisition of additional control and shares in Subros Limited. DENSO and SUBROS are directly competing entities and together are the biggest manufacturers of HVAC products in India. They enjoy a combined market share of over 50%. We were able to secure an expedited approval of the transaction without any commitments (behavioural and structural) and without any phase II investigation.

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Cadila Healthcare Limited and Zydus Wellness Limited

Assisted the clients in acquiring the business relating to Complan, Nycil, Glucon-D and Sampriti Ghee. The transaction allowed our clients to add to their existing line of successful FMCG products to become one of India’s leading FMCG manufacturers. We were able to secure the approval of the CCI in a phase I investigation.

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Eveready Industries India Limited

We filed a leniency application on behalf of Eveready for cartelisation in the market for flashlights. The CCI found prima facie contravention and ordered an investigation in the alleged cartelisation in the market for flashlights. Pursuant to the investigation, the CCI concluded that there was no cartelisation in the market.

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Tianqi Lithium Corporation

Advised on Indian competition law aspects of acquisition of shareholding of Potash Corporation of Saskatchewan, Inc. (PotashCorp) in Soceidad Quimca y Minera (SQM). PotashCorp was divesting its shareholding in SQM pursuant to the conditional approval of the CCI of the Agrium-PotashCorp merger.

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InterGlobe Aviation Ltd.

Representing InterGlobe Aviation Limited in the National Company Law Appellate Tribunal against the order of the CCI penalising InterGlobe Aviaition Limited and two other airlines for alleged cartelisation in imposition of Fuel Surcharge in the cargo business.  InterGlobe Aviation Limited is India’s largest domestic airline. 

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Gail (India) Limited

Successfully defended GAIL (India) Limited, the largest natural gas processing and distribution company in India, before the CCI in 10 clubbed cases involving allegations of abuse of dominant position. The decision provides valuable guidance on what may constitute abuse of dominant position through imposition of unfair terms or through unfair conduct in relation to contracts.

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India Glycols Limited

Represented India Glycols Limited in filing an information before the CCI and successfully obtained a favourable order against 18 (eighteen) Sugar Mills, Ethanol Manufacturers Association and Indian Sugar Mills Association for fixing the prices of ethanol and bid rigging in respect of the joint tender floated by the Public Sector Undertaking Oil Manufacturing Companies in the year 2013. The CCI imposed a total penalty of INR 370 million approx. (USD 5 million) on the sugar mills. Further, the CCI imposed a total penalty of INR 4.7 million approx. (USD 65,000) on the associations.

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ANI Technologies Pvt. Ltd.

We obtained approval from the CCI for acquisition of a stake by MacRitchie Investment Pte. Ltd., Mr Ankit Bhati and Mr Bhavish Aggarwal in ANI Technologies Pvt. Ltd. (ANI). We obtained an expedited approval in a case involving both horizontal and vertical concerns. ANI amongst other businesses, operates cab and restaurant aggregators under the brand names “Ola” and “Foodpanda”, respectively. 

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