COMPETITION & ANTITRUST

In pursuit of globalization, India has responded by opening up its economy, easing licensing requirements and resorting to liberalization. Inevitably, globalization and liberalization also lead to competition in the marketplace. 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. Our team is well equipped to deal with the challenges created by the Competition regime in the Indian scenario. Mr. Animesh Kumar has represented one of his client before Competitition Commission of India against one of the prominent builder of Kolkata on the issue of abuse of dominant position and also advised on the issue of anti-trust agreement related to automobile industry. He has also represented Competition Commission of India before Hon’ble Supreme Court of India in many cases. Mr. Nishant’s team dealt with one of the landmark disputes between Coal India Limited and various coal consuming entities, wherein Mr. Nishant’s team advised and represented MAHAGENCO before the Competition Commission of India. In the said matter, CCI imposed a fine of approx. 1700 Crs. upon Coal India Limited for abuse of its dominant position and the matter was decided in favor of MAHAGENCO.