Competition

Competition

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The practice group’s foundation stems from early years spent in analyzing combinations under Indian merger regimes. Keeping pace with evolving laws, PSA’s capability covers all diverse matters relating to combination, cartels, abuse of dominance, joint ventures, licensing, distribution, pricing and other competition law issues. Since 2011, competition law is becoming deeply embedded into businesses and corporate transactions, changing the way companies review cross-border M&A strategy. With expanding geographical limits, aggressive enforcement by Indian competition authorities necessitates a thorough understanding of the inter-play between pure business drivers and fair practices.

To prevent post regulatory issues, PSA employs strong ex-ante impact methodologies. The group is particularly valued for advising on antitrust compliance, evaluating potential anti-competitive impact of commercial agreements and strategic alliances, and creating business practices guidelines factoring the risks of the client’s industry. When acting for foreign and Indian conglomerates, we conduct due-diligences to assess compliance so any anti-trust risk can be discovered and remedied. Our team works with clients prior to executing deals to conduct substantive and procedural anti-trust risk management analysis of transactions from filing till consummation.

What We Have Done

  • Represented French, US and Indian companies in multi-jurisdictional fillings for their global acquisitions / mergers
  • Handled numerous Competition Commission of India (CCI) filings and queries of CCI’s legal division, including seeking informal/verbal clarifications from registry during combination filings, responding to queries/complaints relating to unfiled cross-border combination, analyzing potential post facto queries from the CCI on filings and rendering advice on the same
  • Filed information alleging cartel behavior against an industry consortium
  • Defended an auto-component manufacturer on a cross-border cartel investigation
  • Defended domestic and foreign associations on their restrictive practices in anti-trust investigations
  • Extensively advised on exclusivity related restraints ranging from exclusive licensing agreements, selective and exclusive distribution platforms to horizontal and vertical non-compete agreements
  • Regularly conduct extensive training in relation to avoiding anti-competitive measures and best practices in relation to sales and marketing efforts for employees of US and Indian listed companies

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