Competition Act Compliance

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 the reputation and sustainability of enterprises. Financial thresholds, under the Competition Act, require detailed information on worldwide turnover and assets and seem complicated to analyze, in practice.

The decisional practices of the Competition Commission, Appellate 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.

Experts like anti-trust lawyers, ex-regulators, transaction lawyers, and dispute resolution lawyers advise clients on a variety of matters including anti-trust dispute resolution, merger filings, leniency applications, compliance audits, and dawn raids. They work with clients to address issues such as gun-jumping and merger control cases and help them with solutions to regulatory litigation to bring a well-rounded perspective on competition law matters based on diverse backgrounds.