Competition and Anti Trust Law in India
Under the new Indian Competition Act,
2002 (a replacement for the Monopolies Restrictive and
Trade Practices Act, 1969), the Competition Commission
of India (‘CCI’) was set up in 2003, but
it could not become fully operational as the Central
Government refrained from notifying some important provisions
of the Competition Act and appointing members of the
Commission. Though the Monopolies Restrictive and Trade
Practices (MRTP) Act is still in force, the jurisprudence
and precedents of this legislation have been rendered
obsolete by significantly different provisions in the
Competition Act. In a significant move, the Central
Government recently put into effect the Competition
(Amendment) Act, 2007 which proposes, inter alia, to
set up a Competition Appellate Tribunal for hearing
appeals from the Competition Commission of India; to
rationalize the scheme of penalties; to provide mechanism
for mutual consultation between the competition regulators
and sectoral regulators etc. The amendment made it clear
that the CCI would act as an expert body to prevent
and regulate anti-competitive practices, while the judicial
functions would be undertaken by the proposed Competition
Appellate Tribunal. This Bill also provides for continuation
of MRTP Commission till two years after constitution
of the Competition Commission of India for trying pending
cases under MRTP Act, 1969 after which it will stand
dissolved. Presently Competition Comission has been
formed with effect from May 20, 2009 vide Notification
dated May 15, 2009.
CLG Competition & Anti Trust Practice
- Representing clients before the MRTP Commission in ‘monopolistic and restrictive trade practices’ and ‘unfair trade practices’ matters
- Legal Advice and sophisticated insight into the international best practices on competition law
- Consultancy services on specific issues - supply and distribution, pricing and marketing, ‘promotional materials’, mergers, acquisitions, amalgamation, licensing, joint operation and research, joint buying, ‘dominant-firm’ status etc.
- Competition Audit and Due Diligence for developing appropriate guidelines for employees, distributors, agents, franchisees etc.
- Legal Due Diligence on anti-competition, unfair and restrictive market practices
- Drafting claims, counter-claims, replies, rejoinders, representations etc. on Competition Law and related legal issues
- Strategic policing on anti-competition market practices and trends
- Policy due diligence for mergers, acquisitions, joint ventures with appropriate anti-trust safeguard measures and policy
CLG’s experience on Competition Law practice extends to diverse industry sectors - pharmaceuticals, food & nutrition industry, life sciences, intellectual property, energy & natural resources, wine & spirits, mining etc. The Firm’s growing strength lies in understanding diverse business practices involved in a wide variety of industries. Currently, our Clients include mostly large multinational corporations, joint ventures and large public enterprises. We focus on sound, practical and quality legal advice, which is helpful to our client’s interest and business objectives. |
