NISHITH.TV
  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York

Locations

  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York
  • Content
  • Home
  • ABOUT US
  • NDA in the Media
  • Areas of Service
  • Research and Articles
  • Opportunities
  • Contact
  • NDACloud
  • Client Access
  • Member Access
  • Events and Calender
  • How we perform
  • Knowledge anywhere, anytime
  • See our recent deals
  • Up to date legal developments
  • Case studies in M&A

Areas of Service


  • Practice
    • Capital Markets
    • Competition Law
    • Fund Formation
    • Human Resources Law (Employment and Labour)
    • Intellectual Property
    • International Dispute Resolution and Investigations Practice
    • International Tax
    • International Tax Litigation
    • Joint Ventures
    • Mergers & Acquisitions
    • Private Client
    • Private Equity Investment
    • Technology Law
  • Industry
    • 5G Sector
    • AgriTech Sector
    • Artificial Intelligence
    • Automation and Robotics Sector
    • Automobile
    • Aviation
    • BFSI
    • Cleantech
    • Crypto & Blockchain
    • Cybersecurity
    • Digital Health
    • Digital Lending
    • Drones
    • E-Mobility
    • Education
    • FinTech
    • Fashion
    • Food & Beverages
    • Funds
    • Healthcare
    • Hotels
    • Insurance
    • Media & Entertainment
    • Medical Devices
    • Nanotechnology
    • Oil & Natural Gas
    • Pharmaceutical and Life Sciences
    • Quantum Computing
    • Real Estate Investments
    • Social Sector
    • Space Exploration and Technology
    • Sports
    • Technology
    • Telecom
  • Sovereign Wealth Fund and Pension Fund

Competition Law

Our Competition Law Expertise

In pursuit of globalization, India has responded by opening up its economy, easing licensing requirements and resorting to liberalization. Inevitably, globalization and liberalization also leads to competition in the market place. As a corollary to this, India has enacted a new competition law called the Competition Act, 2002 ("Competition Act") that has replaced the Monopolies and Restrictive Trade Practices Act, 1969 ("MRTP Act"), and provides institutional support to healthy and fair competition. The Competition Act, plays a pivotal role in consummation of any transaction inter alia domestic, inbound or outbound or any overseas transaction which has an effect on competition in India. With the recent amendments in the Competition Act, several loopholes have also been plugged to make for a stricter regime.

Competition Law is an area of practice in which Nishith Desai Associates ("NDA" or the "Firm") has built a significant expertise. The Competition Law Practice at NDA endeavors to combine its rich international experience and expertise in domestic laws / regulations and international antitrust regulations combined with its research capabilities to devise innovative structures and provide strategic advice on combination clearance, behavioral pattern of the entities viz. anti competitive agreements and abuse of dominance as well as assist in litigation before Competition Commission of India ("CCI"), the Competition Appellate Tribunal ("COMPAT") and other courts of judicature. We have developed a unique set of skills in Competition Law by successfully leveraging our cross-border specialization, experience and research capabilities to develop a vibrant Competition Law practice.

The Competition Act has been fully notified. Whilst the provisions regulating 'anti-competitive agreements' and 'abuse of dominance' were brought into force in 2009, provisions relating to merger control were brought into force in 2011. As a result the archaic MRTP Act and the MRTP Commission stands repealed and dissolved.

Scope of Services

Our Competition Law practice area encompasses the following areas:

  • Strategic advice on Competition Law issues: The Firm advises on legal, strategic and compliance issues related to the Competition Act. The Firm provides practical solutions, on the basis of the extensive domain knowledge of the relevant industries, to complex legal problems that arise in the competition law space.
  • Documentation: The Firm undertakes drafting and review of term sheets, definitive agreements, non-compete agreements, non-disclosure agreements, franchise agreements, escrow agreements, stock swap agreements, employment agreements et al., to minimize the issues of competition law viz: anti competitive agreements and / or abuse of dominance which could arise before the Competition Commission of India ("CCI").
  • Competition Law Applications and Filings: Once the substantive provisions of the Competition Act are in force, the Firm shall undertake filings for and representing clients before the CCI, in conjunction with other experts, with respect to applications for the clearance of combinations where such combinations exceed the applicable threshold limits specified in the Competition Act in terms of assets or turnover.
  • Regulatory advice: The Firm provides regulatory review and advice with respect to issues and behavioral pattern of enterprises and / or transactions undertaken by foreign / domestic enterprises, which could have implications under the Competition Act.
  • Litigation: The Firm has a robust Dispute Resolution Practice with members having skill and expertise to represent clients in different forums ranging from the CCI to the Supreme Court of India.

Representative Clients

  • Lafarge,
  • Bang & Olufsen,
  • Allen & Gledhill,
  • ACC Limited,
  • Indian Films Company,
  • GlaxoSmithKline,
  • Organisation of Pharmaceutical Producers of India,
  • Viacom 18
  • Nvidia Graphics
 

NDACompLaw(at)nishithdesai.com


Mission and Vision


Distinctly Different

What's New


TMS Ep354: NSE colocation case, influencer regulation, markets, AT-1 bonds
Video: January 25,2023
SEBI's Comprehensive Framework on Offer for Sale Through Stock Exchanges
Corpsec Hotline : January 20,2023

Events


Webinars

Foreign Higher Educational Institutions' Route to India: Discussing UGC's Draft Regulations
January 27,2023 - January 27,2023

This event is over. For event material please click here


Seminar

Evolution of White collar crimes and Investigations
January 31,2023 - January 31,2023

Round Table

Investing In Net Zero
July 22,2022 - July 22,2022

This event is over. For event material please click here

News Roundup


News Articles

Shareholder Activism: An ESG tool or a Founder’s curse?
October 13,2022

Quotes

Air India employees penalised with pay-cut; hopes pinned on HCTold double the market rent will be deducted from salary until they vacate AI properties
January 11,2023

Newsletters


Funds Hotline

AIF participation in Credit Default Swaps
January 20,2023

Corpsec Hotline

SEBI's Comprehensive Framework on Offer for Sale Through Stock Exchanges
January 20,2023

Dispute Resolution Hotline

A New Composite Approach: Singapore Court of Appeal settles law for determining arbitrability of disputes
January 19,2023

  • Disclaimer
  • Content
  • Feedback
  • Walkthrough
  • Subscribe
Nishith Desai Associates@2016 All rights reserved.