our competition law practice - trilegal competition...india’s competition law is new and rapidly...

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OUR COMPETITION LAW PRACTICE

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OUR COMPETITION LAWPRACTICE

Best Law Firm of the Year (Domestic)IDEX (Ideas Exchange) Legal Awards

Best Overall Law Firm of the YearIndia Business Law Journal, Indian Law Firm Awards

Trilegal is a “truly outstanding out�t” Asia-Pacific Legal 500

Trilegal is one of India's leading law firms with offices in four of India’s major cities - Mumbai, New Delhi, Bangalore and Hyderabad. We represent clients on a large number of the most complex and high value transactions in India, leading to our key practices winning top industry awards and accolades.

We believe that the combination of our firm’s culture, depth of transactional experience, wide range of expertise and the quality and energy of our lawyers, allows us to offer a level of client service that is unique to the Indian legal market. Our lawyers are trained to take a commercial perspective of the issues our clients face with a solution-oriented approach and give high quality practical advice.

Our areas of expertise include mergers and acquisitions; strategic alliances and joint ventures; private equity and venture capital; energy and infrastructure; banking and finance; restructuring; capital markets; telecoms, media and technology; dispute resolution; regulatory; competition law; labour and employment; real estate; and taxation.

Our client roster includes of many of the world's leading corporations, funds, banks and financial institutions. We provide seamless, efficient and integrated service across a broad spectrum of practice areas.

ABOUT TRILEGAL

‘They know our history, ethics and values and our specific cases,’ says a client. The firm has an ‘ability to work intensively and raise required resources.’India Business Law Journal

It’s very important to us that we are able to pick up the phone at any time and contact them; we have a healthy relationship. Chambers Asia-Pacific

We handle: • Cartel enquires and related litigation; • Abuse of dominance investigations;• Merger control advice and filings; • Analysis of commercial agreements and licensing and distribution arrangements;• Analysis of sector specific policies and market studies to identify competition concerns;• Intersection between competition law issues and intellectual property rights;• Competition compliance and training; • Counseling and providing strategies for anti-trust risk management.

OUR COMPETITION LAW PRACTICE

India’s competition law is new and rapidly evolving. Trilegal’s competition law team offers comprehensive services on a broad range of competition law matters.

We advise on the complete range of competition law issues spanning merger control; joint ventures; restrictive practices; market dominance and abuse of dominance; cartel investigations; competition litigation; licensing and distribution; competition and intellectual property; competitive tendering and public procurement. We also assist clients in undertaking sectoral studies and participate in public consultations before regulatory authorities on behalf our clients.

Our competition law team is trained in an interdisciplinary methodology of law and economics and is well equipped to undertake market analysis relevant for competition matters.

Besides representing clients on contentious as well as non-contentious matters, we are also well-known for our bespoke competition compliance programs which we specifically design and deliver to corporate entities.

EXPERTISE Our competition law team adopts methodologies that apply a combined knowledge of law and economics and is well equipped to undertake market analysis necessary for competition matters. We invest in understanding specific complexities of diverse sectors to better serve the unique interests of our clients. Our team is able to draw on the firm’s expertise in litigation and regulatory advice in order to develop sector-specific strategies for our clients. We are known as specialists in a broad range of matters concerning competition and regulatory policy and for our clear and commercially relevant advice. We are one of the few firms who have actively participated in the growing jurisprudence in the field of competition law in India. We have represented clients in both contentious and non-contentious matters at the Competition Commission of India (CCI), the Competition Appellate Tribunal and the Supreme Court of India.

In terms of contentious matters at the CCI, we have acted for clients in such diverse sectors as cement, oil and gas, telecom and semi-conductors. We have represented clients in a number of non-contentious procedural matters at the CCI and have secured merger approvals for various clients spanning a range of industry sectors.

We have been involved in many first-of-its-kind matters including the first appeal arising out of a merger control filing before the Competetion Appellate Tribunal. We are also involved in some cases in which the decision of the Competition Appellate Tribunal has been appealed before the Supreme Court of India.

EXCELLENCEWe have a dedicated team of competition lawyers with in-depth technical knowledge of competition matters and a sophisticated understanding of the business of our clients. Our team takes a multidisciplinary approach in counseling clients and has the ability to provide strategic and practical insights in competition risk management and handling regulatory procedures, enquiries and litigation. Our goal is to provide compelling value to our clients through our outstanding expertise, up to date strategic inputs, efficient service and seamless support.

WHY CHOOSE OUR COMPETITION LAW GROUP

to merger with United Breweries Limited.___

International Paper Company regarding the requirement for merger control notification in its acquisition of the entire promoter stake in Andhra Pradesh Paper Company.___

Daido Steel Co. Ltd. in a merger control filing before the CCI in a transaction relating to acquisition of shares of Sunflag Iron and Steel Co. Ltd.___

Tesco Overseas Investments Limited in a merger control filing before the CCI in a transaction relating to acquisition of shares of Trent Hypermarket Limited.___

TAQA India, India Infrastructure Fund-II (an IDFC fund), and Indo-Infra Inc. (subsidiary of Public Sector Pension Investment Board, Canada) in a merger control filing before the CCI in a transaction relating to acquisition of assets of Jaiprakash Power Ventures Limited.___

GS Strategic Investments Limited in a merger control filing before the CCI in a transaction relating sale of shares of Sterling & Wilson Limited to Shapoorji Pallonji & Company Limited.

CONTENTIOUS MATTERS Represented Telenor in its appeal before Competition Appellate Tribunal against CCI’s merger

control approval in relation to its joint venture partner___

Represented Balaji Pressure Vessels Ltd. in an appeal before Competition Appellate Tribunal against the decision of the CCI in relation to bid rigging.___

Representing HindustanPetroleum Corporation Limited in an appeal before the Supreme Court of India against the order of the Competition Appellate Tribunal. ___

Represented Shubham Sanitarywares in an appeal before Competition Appellate Tribunal against the decision of the CCI in relation to resale price maintenance and abuse of dominant position.___

Represented AMD Inc. in an investigation before the CCI against Intel. ___

Represented Rain Commodities Limited before the CCI in an investigation against cement companies.

ADVISORYAdvising Hathway in relation to the initiatives taken by TRAI to regulate market dominance in cable television services.___

Advising Corbion in relation to competition issues arising pharmaceutical company

MERGER CONTROLExide Industries Limited in a merger control filing before the CCI in a transaction relating to acquisition of shares of ING Vysya Life Insurance Company Limited.___

SABIC Research and Technology Private Limited in a merger control filing before the CCI in a transaction relation to acquisition of assets of GE India Technology Centre Private Limited.___

Shriram Group in a merger control filing before the CCI in a transaction relating to acquisition of shares by Sanlam Group. ___

Thomas Cook UK in a merger control filing before the CCI in a transaction relating to the sale of controlling shares of Thomas Cook India.___

Telenor in a merger control filing before the CCI in relation to a joint venture with an Indian partner in Telewings Communications Services Private Limited. ___

Standard Chartered Bank, India Branch in relation to its merger control filing before the CCI for the acquisition of the credit card business of Barclays India; and the acquisition of the retail loan portfolio of Barclays India.

Heineken / Scottish and Newcastle India Private Limited in a merger control filing before the CCI in a transaction relating

COMPETITION LAW WORK HIGHLIGHTS

Advised Indo-Japan JV on legal provisions relating to joint ventures under Indian competition law.___

Advised Levi Strauss India on competition law issues relating to its marketing and distribution business in India, including carrying out a competition law compliance review of agreements with franchisees, distributors, advertising agencies, etc.___

Advised Heineken on anti-competitive agreements in connection with proposed global joint venture agreements and exclusive supply/distribution agreements.___

Advised Sapa Profiles (India) Limited on non-compete clauses and other terms and conditions in transaction documents.

Advised Epson on competition law, consumer protection law and other laws governing the sale of printers in India.___

Advised Competition Commission of India on interpretation of provisions relating to anti-competitive agreements under Indian competition law.___

Advised Smiths Detection on competition law related issues with respect to its proposed

from their commercial arrangement with an Indian___

Advised TE Connectivity on competition implications of procurement contracts___

Advised Avery Dennison on restrictive clauses in commercial agreements.___

Advised Associated British Foods in relation to competition aspects of a tolling arrangement.___

Advised Celebi in relation to restrictive clauses and overlaps in their concession agreements.___

Advised Tata Power on competition law and litigation strategy/support including representation before regulators in a dispute with Reliance Infra on the electricity generation and distribution markets in Mumbai.___

Advised Thomson Reuters in relation to the inquiry by the CCI on science, technology and medicine journals. ___

Advised Mitsubishi on provisions of the MRTP Act and Competition Act regarding restrictive trade practices and anti-competitive agreements.___

Advised Crocs Asia in relation to price stipulations under distributorship agreements and unfair trade practices in India.

joint venture agreement with an Indian partner.___

Advised Godrej Sara Lee Limited on provisions of the Competition Act and impact on cross-border transactions. ___

Advised Hitachi Data Systems on provisions of the Competition Act such as on penalties.___

Advised Ramky Enviro Engineers Limited on provisions of the Competition Act on abuse of dominant position.

CORPORATE COMPLIANCEAssociated British Foods in establishing an anti-trust compliance program for their Indian offices.___

Valeo India in preparing an anti-trust compliance program for their senior management executives.___

The Bombay Stock Exchange in establishing an anti-trust compliance program and training the executive staff.___

Huntsman Advanced Materials in preparing a competition compliance training programme and training 150 employees in various offices.

An ‘outstanding firm with a corresponding international reach and reputation’ sums up this highly regarded law firm. The Indian Lawyer 250

They're able to understand a relatively new area of law. They compare things with other jurisdictions in order to find precedents and give us a clear view as to what direction we should take.Chambers Asia-Pacific

KEY CONTACTS

SITESH MUKHERJEEPartnerDelhiTel +91 11 4259 [email protected]

AMIT TAMBEPartnerMumbaiTel +91 22 4070 [email protected]

They understand our risks and how our business works. They are not stuck on the academic side of things.Chambers Asia-Pacific

They are highly client-oriented and go out of their way to accommodate challenging timelines and to ensure the client's interest is adequately protected.Chambers Asia-Pacific

DELHI311 BDLF South Court, SaketNew Delhi 110017T +91 11 4163 9393

BANGALORE The Residency7th Floor, 133/1, Residency RoadBangalore 560 025 India T +91 80 4343 4646

MUMBAIOne Indiabulls Centre14th Floor, Tower OneElphinstone RoadMumbai 400 013 IndiaT +91 22 4079 1000

HYDERABADJubilee Square4th Floor, Road No. 36Jubilee HillsHyderabad 500 033 IndiaT +91 40 2355 6781