Competition / Antitrust

Khaitan’s Competition / Antitrust law team offers unrivalled expertise on competition law matters which stems from a strong understanding of the Indian business environment and pragmatic commercial considerations. The team’s formidable bench comprising approximately 15 dedicated practitioners, including 5 Partners, are consistently ranked as the leading competition law practice and practitioners in India by legal directories such as Chambers & Partners, Who’s Who Legal, Global Competition Review, Legal 500, AsiaLaw, Benchmark Litigation and India Business Law Journal.
 
Our integrated pan-India team leverages its wide-ranging experience in the subject to provide holistic and committed assistance to clients in India and across the globe. We effectively gauge and anticipate the priorities of the Competition Commission of India (CCI) in its inquiry and review processes, through curated sector-based expertise, to achieve effective results.

Since the inception of the law in India, we have been at the centre of enforcement activity across sectors. We regularly handle some of the most complex cartel, anti-competitive agreements and abuse of dominant position cases. Over the years, with our involvement in arguably every important leniency matter in India, including several of them emanating from global cartels, we can take pride in our position as the “go to” trusted advisor on complex leniency matters.

We also assist a diverse range of Indian and global clients in securing CCI’s approval for M&A transactions. Alongside securing merger clearances, we aid in preparing competition compliant transaction structures and documentation. Our expertise across sectors, key understanding of commercial needs, and strong knowledge of the CCI’s processes and customs enable us to procure expedited and unconditional approvals in most transactions. Our team has been consistently involved in securing clearances for a variety of complex and marquee transactions including securing approvals for Phase II investigations.

Apart from our general suite of competition law workstream, we combine our expertise in Indian and global competition laws to offer bespoke solutions such as:

a. Advising on complex cartel investigations often involving cross-border elements
b. Designing dawn raid programs and assisting in live scenarios
c. Advising on cutting-edge issues in tech and new-age markets including go to market strategies
d. Advising on non-cartel agreements, joint venture related conduct, distribution issues, and intellectual property licensing issues
f. Helping financial sponsors, private equity and minority investors in efficient deal structuring
g. Conducting compliance trainings for competitively compliant behaviour
h. Providing guidance on commercial strategies, pricing and business models

Our team advises clients on a variety of Indian competition law issues including anti-trust dispute resolution, merger filings, leniency applications, compliance audits and dawn raids.

Our team has been involved in some of the most complex competition law matters since the inception of the law in India. While providing end-to-end solutions on Indian competition law matters, our team engages with expert economists and senior advocates of the Supreme Court and High Courts in India on matters, as may be required. We bring a well-rounded perspective on competition law matters based on the diverse backgrounds of our team members and the depth of our experience.