Competition

Competition law has gained importance in India in recent years. Our competition practice involves advising clients on the requirements of seeking approval of India’s antitrust regulator, the Competition Commission of India (CCI), for proposed mergers and acquisitions, as well as assisting clients in obtaining CCI approval. We also assist clients in assessing whether their operations are compliant with India’s competition law.

Recent Transactions

  • Intertape Polymer Group, Inc. on its acquisition of a 26% ownership stake in Powerband Industries Private Limited from the Desai Family at an enterprise value of US$40 million and assessing whether the proposed transaction would require prior CCI approval based on asset and turnover thresholds.
  • Scaled Agile, Inc. in assessing whether its pricing guidelines applicable to its partners and consultants in India result in an anti-competitive practice of resale price maintenance under Indian competition law.  
  • Pelliconi & C. S.p.A. on its proposed acquisition of 51% in Oricon Packaging Limited, including advice on Indian competition law and pre-merger notification requirements.
  • Bertram Capital on the acquisition of Perennials and Sutherland, LLC, including advice on CCI approval requirements based on asset and turnover thresholds of the target group. 
  • United Retirement Plan Consultants on sale of its Indian subsidiary to Ascensus, including advice on CCI approval requirements based on asset and turnover thresholds. 
  • Wynnchurch Capital on its proposed acquisition of a US-based group, including advice on CCI approval requirements based on asset and turnover thresholds of the target group.
  • Chart Industries Inc. on its acquisition of VRV Asia Pacific Private Limited as a part of Chart’s global acquisition of VRV Srl and its subsidiaries, valued at US$143 million, including advice on CCI approval requirements based on asset and turnover thresholds of the target group.
  • Hino Motors on its technology collaboration agreement with Ashok Leyland Limited, including competition law implications.
  • Axis Bank Limited on a major investment in Max Life Insurance Company Limited in assessing the requirement of CCI approval for the acquisition.
  • Stanley Electric, a Japan-headquartered group engaged in the manufacture and sale of automotive lamps, on competition law implications on intra-group arrangements for designs/ drawings of automotive lamps.
  • Gallagher Operations Support Services LLP on acquisition of business from Crossdomain Solutions Private Limited, including whether prior approval of the CCI was needed and the availability of exemptions for the proposed transaction.
  • Sporting Group International Limited on acquisition of 100% stake in Premier Sports International Private Limited from its existing shareholders, including advice on CCI approval requirements based on asset and turnover thresholds.
  • Carnival Films Private Limited in obtaining CCI approval to undertake the acquisition of 100% equity of “Big Cinemas,” the multiplex business house of Reliance Mediaworks led by the Reliance ADA Group.
  • Cigna Corporation, Inc. in connection with its sale to Anthem, Inc. on the India law aspects of the transaction, including providing a detailed competition law analysis, and analyzing the asset and turnover thresholds at the individual entity levels and the group level, to check if a notification had to be made to the CCI.
  • Glenmark Pharmaceuticals Limited in obtaining CCI approval for the amalgamation of Glenmark Generics Limited and Glenmark Access Limited (both subsidiaries of Glenmark Pharmaceuticals Limited) with Glenmark Pharmaceuticals Limited.
  • The Indian subsidiary of BP Exploration (Alpha) Limited on the investigative powers of various Indian governmental authorities, including authorities regulating the oil sector. Also, assisted BP’s subsidiary in India to formulate internal policies in case of “dawn raids” by Indian governmental authorities, including the CCI, and provided training to the employees of BP India on such internal policies.
  • Wacoal Corporation on its proposed single brand retail joint venture in India with Periwinkle Fashions Private Limited, including undertaking a detailed competition law analysis to assess the market impact of this joint venture in the lingerie garments space.
  • ROXUL ROCKWOOL Technical Insulation India Private Limited in conducting a training program for its key employees on competition law in India, including discussions on anti-competitive agreements, abuse of dominant position as well as merger control regulations.