Acquirers Beware: Major Changes in Indian Anti-trust regime

THURSDAY, April 20, 2023

2:00 P.M. – 3:00 P.M. (IST)

 

INTRODUCTION

In the first set of comprehensive amendments since 2009, the legislature has amended wide ranging areas of competition law in India. From merger control to behavioural cases, from codifying case officers’ practices to overturning judicial precedents, from introducing new criteria for filings to reducing timelines for decisions, the amendments have affected almost all parts of the regulatory landscape.

Given the nascency and criticality of anti trust laws in India, we will discuss the likely impact of these changes on participants and key stakeholders. We will be analysing not just the legal, regulatory and investigative framework introduced by the amended law, but also practical aspects and implications of these changes.

Some of the topics that the panellists will be discussing shall include:

  • New merger control filing threshold

  • Expansion of control definition

  • Accommodation of on market transactions

  • Settlement and Commitment Framework

  • Increased quantums for penalty

  • Procedural changes

Flow of the session

2:00 – 2:45 PM (IST)

Panel Session

2:45 – 3:00 PM (IST)

Audience Q&A

Speakers

GOWREE GOKHALE

Head – TMT & IP

Nishith Desai Associates

A practicing lawyer for 24 years, Gowree Gokhale leads the IP, Technology, Media and Entertainment, and data protection law practices of Nishith Desai Associates. She has assisted several international businesses in India entry strategy, corporate and strategic deals, litigation and arbitration in TMT and Pharma sector.

She has spearheaded several policy initiatives for the TMT and Pharma industry including for online content companies, gaming industry, IT industry as also for privacy and data protection laws. She has also been consistently working on high tech industry aspects. She has been named in several legal directories, including in in the Hall of Fame (TMT) in Legal 500.

One of the foremost authorities on IP management and protection strategy, Gowree has been the leading voice on several IP and technology related matters. She has been instrumental in devising IP litigation strategies for clients and has led several IP litigations before several prestigious forums in India.

 

NISHCHAL JOSHIPURA

Co-Head, M&A & Private Equity Practice                                      

Nishith Desai Associates

Nishchal Joshipura co-heads the Private Equity and M&A Group at the research and strategy driven international law firm NDA. He is a Lawyer, Chartered Accountant and an MBA (Finance). He has 19 years of work experience in advising several high profile Private Equity and M&A clients on cross border deals and investments from a strategic, legal and tax perspective. His deal structures have been consistently recognized as most innovative by the Financial Times of London. He has also helped set up multiple offshore and domestic India focussed funds and advises Pension Funds and Sovereign Wealth Funds on cross border deals in listed and unlisted space. He is the partner-in-charge of the Fund Formation Group at NDA.

 

RATNADEEP ROYCHOWDHURY

Co-Head, Competition Law Practice

Nishith Desai Associates

Ratnadeep has advised on some of India’s highest profile M&A transactions and corporate disputes. He brings a unique mix of transactional experience and expertise in leading high profile, high stakes corporate litigation. Ratnadeep specialises in all merger control aspects of anti trust law in India. He has helped navigate numerous transactions through the ever changing landscape of the competition regulatory regime, including structuring solutions to preclude filing requirements, defending filings made, modifying transactional parameters to satisfy the CCI and defending clients before the CCI, tribunals, courts and other fora.

 

KHYATI DALAL

Leader, Competition Law Practice

Nishith Desai Associates

Khyati has been actively involved in representing some of the leading global private equity / venture capital funds, across a wide range of mid-size to large transactions, involving investments into India and cross border acquisitions. She is a chartered accountant and a lawyer. With a specialized knowledge on accounting, she takes keen interest in providing strategic solutions to complex tax/ accounting aspects of cross border deals.