UPPER CHAMBERS

ANTI TRUST & COMPETITION

Anti-trust laws are essentially the Magna Carta of free enterprise. In principle, the aim of anti-trust laws is to protect the integrity and core of free market in an economy by protecting dissipation of monopolistic power in the hands of dominant individual enterprises and protecting consumer interests in the process

Antitrust and competition laws around the world are rapidly evolving and companies face new risks and challenges in keeping up with the complex and changing rules. The penalties for failing to comply can be severe.

In India, anti-trust laws were governed by the Competition Act, 2002. The act aims to promote and sustain competition, protect the interests of consumers, and ensure freedom of trade in the markets. The Competition Commission of India (CCI) is responsible for enforcing the provisions of the act and investigating anti-competitive practices.On 11th April 2023 the President of India gave her assent to the Competition Amendment Bill, 2023 (Amendment Act) which substantially overhauls the existing Competition Act, 2002 (Competition Act).

One of the most significant changes introduced by the amendment is the establishment of a new deal value threshold. Under this provision, transactions involving acquisition, merger, or amalgamation that meet or exceed INR 2,000 Cr and involve entities with substantial business operations in India will necessitate approval from the Competition Commission of India (CCI). This threshold expands the scope of CCI review, ensuring that even transactions that would typically fall under the minimum exemption are subject to scrutiny if their deal value surpasses the prescribed limit.

The amendment brings in hope for the budding startups and small businesses that seek to engage in horizontal and vertical linkages with startups in the same industry. Startups engaging in mergers, acquisitions, or combinations need to comply with the competition law provisions, with the amended law the time period of execution of such combinations will significantly reduce.

Our team has the experience covering the full spectrum of Indian competition law. The firm is fully equipped to assist domestic and international clients & the most complex and sensitive of disputes.

The team with international focus and creative thinking , provide an expansive range of services on of merger, control , cartel , abuse of dominance/ monopolisation issues and leniency applications, compliance , counselling , sector regulation , market investigation and advice on practices with regulatory authorities., advising and representing trading houses and multilateral institutions in litigious, compliance and advisory matters before the CAT, High Courts and the Supreme Court

A core part of our global antitrust and competition practice is our antitrust litigation team, having dedicated lawyers with experience across well-established and emerging centers for antitrust litigation. Our antitrust litigation team has deep experience in antitrust and competition law, combined with robust and commercially-focused litigation skills.

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