Competition

Competition law is all pervasive – it could impact the execution of an ostensibly simple distribution agreement or get triggered when a multi-billion dollars cross-border acquisition occurs. In India, competition is a complex and constantly evolving law, with constant amendments and increased intervention by the Competition Commission of India. Despite the short existence of the legislation, PSA has carved its Competition practice from the realm of the general commercial laws practice so as to create a team that can deliver specialized legal advice in an area indispensable to companies. Our lawyers of this group possess the ability to assist in the entire field of competition law from anti-competitive prosecution all the way to merger control.

 WHAT WE HAVE DONE

  • Acted on complex domestic and cross-border transactions attracting merger control provisions
  • Assisted, advised and trained clients, ensuring that their risks are minimized when business teams engage in, conduct  or close on contracts and other business decisions that could have an adverse effect on competition
  • Represented companies in defending and promoting their interests in investigations by the CCI for alleged  contraventions, including cartel investigations, assessment of abuse of dominant position as well as implications of  dawn raids
  • Advised global clients, including investors and businesses, on competition issues involved in development, supply,  marketing, consulting and other agreements and arrangements
  • Worked with global multinationals on collusive bidding when responding to Indian RFPs and RFQs and while affixing    or changing prices
  • Assisted domestic and international clients on non-compete provisions and agreements and their enforceability
  • Represented multiple pharmaceutical companies on the validity of territorial restraints on agreements in their industry  from a competition law perspective
  • Advised US corporations on anti-competitive behavior in franchising and distribution contracts
  • Advised both domestic and international corporations on the analysis of pricing provisions, issues pursuant to price  revisions and drafting pricing policies to ensure absence of predatory pricing
PRE -EMPT COMPETITION CONCERNS TO AVOID THEIR MANIFESTATION INTO THORNY, COMPLICATED ISSUES