Competition and Antitrust

Competition and Antitrust

Competition law was enacted in India in 2003, though enforcement of section 3 and 4 related to antitrust started only in 2009. Enforcement of sections 5 and 6 related to Combinations began only in 2011.

Jurisprudence is still evolving. However, a number of antitrust cases have been agitated before the CCI, the Appellate Tribunal/NCLAT and the Apex Court.

There are also a large number of legal, economic and financial professionals engaged in assisting the enforcement machinery and also the litigants and the enterprises.

APRLP Law brings a new and innovative approach to assisting all concerned in the process. Clear and lucid understanding of competition issues and innovative ways of analysing them make APRLP Law stand out.

On all areas of competition law – Anticompetitive Agreements (horizontal and vertical), Abuse of Dominance and, Combinations (Mergers, Amalgamations and Acquisitions) the much-needed clarity and lucidity are available at APRLP Law.

Digital Markets have come to dominate the global economic landscape. Naturally competition issues in the digital markets are being agitated more and more before Competition/Antitrust authorities all the world over. APRLP Law specialises in issues related to digital markets.

agustin peter

Augustine Peter

  • Augustine Peter worked in the Monopoly Research Unit of the Department of Company Affairs (now Ministry of Corporate Affairs) in the early 1980s.

  • He worked on competition issues in the World Trade Organisation (WTO) context during 1998 to 2005 and attended most of the Working Group Meetings in WTO during this period. He attended a number of meetings of the Inter governmental Group of Experts (IGE) on Competition Policy and Law in UNCTAD and presented papers. He was elected Vice President of IGE on Competition Policy and Law in the year 2003.

  • As Director in the Ministry of Commerce he was also part of the process leading to the Enactment of Competition Law, 2002. Preceding this Chakravarty Committee on Competition Policy and Law was set up by the Ministry of Commerce, where he was Member Secretary.

  • He was the first Adviser in the newly established Competition Commission of India (CCI).

  • He was also the first DG when CCI started enforcement

  • He was Member of the CCI during 2014-19.

zulfikar

Zulfiker Ali P S

Principal Associate

  • An Advocate on Record since 2013, he had LLB (2006) from the Kerala Law Academy, Kerala University and LLM (2009) from the Delhi University. Over 16 years he has been practicing in the Supreme Court of India, Delhi High Court and other Courts and Tribunals in a wide range of areas including regulatory issues. He specialises in Energy and Environment and Competition Law.

dr ms sahoo

Dr. M. S. Sahoo

Principal Adviser

Dr. M. S. Sahoo is an acclaimed thought leader in financial markets, having substantially influenced policies and reforms in financial markets over the last three decades. His significant contributions include the dematerialisation of securities and insolvency reforms in India. He has been the Chairperson / Member of several Committees set up by the Government and Regulators.

Until recently, Dr. M. S. Sahoo served as a Distinguished Professor at the National Law University Delhi. He was the Founding Chairperson of the Insolvency and Bankruptcy Board of India (IBBI), a Member of the Competition Commission of India (CCI), the Secretary of the Institute of Company Secretaries of India, a Whole-time Member of the Securities and Exchange Board of India (SEBI), and Economic Adviser with the National Stock Exchange of India Limited. As a Member of the Indian Economic Service, he served several Ministries in the Government of India.

Dr. Sahoo has served on the Boards of several organisations, including the Oriental Bank of Commerce, Management Development Institute, National Institute of Securities Markets, Indian Institute of Corporate Affairs, National Securities Depository Limited, SEBI, CCI, and IBBI.

Dr. Sahoo is a qualified Company Secretary and has postgraduate degrees in Economics, Law, and Management, with a PhD in Economics.

gp-mittal

Mr. G. P. Mittal

Principal Adviser

G.P. Mittal is a former Judge of Delhi High Court. He has over four decades of experience in the field of law. He is a graduate in Economics from Punjab University, Chandigarh and a gold medallist in LLB from Kurukshetra University, Kurukshetra.

Admitted to Bar in the year 1976, he joined Delhi Judicial Services in the year 1977. He was appointed as District & Session Judge, Delhi for the City State of Delhi in 2009. Apart from various other fields, he dealt with Corporate Commercial Disputes, Industrial Disputes, Matrimonial Disputes, Compensation matters and Anti-corruption matters as Special Judge (CBI). He has also worked as Judge in charge of Delhi Mediation Centre at Tis Hazari Court and imparted training in Mediation to the First Batch of Judicial Officers in the District Courts.

Before being elevated as Judge of the Delhi High Court, he was Principal Secretary, Law in the Government of NCT of Delhi and rendered advice to government departments on various important issues.

He was Judge of Delhi High Court from 2010 to 2015 and had the occasion to inter-alia deal with Trademarks, Patents and other Intellectual Property Right matters, Civil Writs, Commercial Disputes and Criminal Appeals.

He was a Member of Competition Commission of India since 2015 till 2018. As a part of the Commission, he had the occasion to deal with important anti-trust cases and mergers. As a Member, he participated in the 2016 American Bar Association (ABA) Spring Meeting and also in 2017 ABA Section of Antitrust Law Spring Meeting where he spoke on the panel entitled “Standard-Essential Patents and Patent-Assertion Entities: International Development”. He was also invited to participate in U.S.-India Business Council (USIBC) Panel Discussion on Competition Regulation in Digital Markets held at Washington D.C.

During the last four years he has dealt with a large number of high-stake Arbitration matters inter alia relating to commercial contracts, tax matters, acquisition of shares and debentures as a Sole Arbitrator as also as Presiding Arbitrator. He has already rendered awards in a large number of matters.

lakshmi-sree

Lakshmi Sree Puthenpurackal

Senior Associate

  • She has over 16 years of experience in the field of law, having deep interest and experience in regulatory laws. She has LLB (2006) from the Kerala Law Academy and has been practicing in the Supreme Court, High Courts and Tribunals and Appellate Tribunals ever since. She focusses on Competition Law and Securities and Capital Markets.

Gulati, Archana Goyal (Dr)
  • An international telecom, digital technology, competition policy and law expert with more than 32 years of experience, Dr Gulati was previously an Indian Civil Services officer (1989 batch) and took voluntary retirement in 2021. As Head of the Combinations (M&A) Division of the Competition Commission of India, she led India's first detailed investigation into a merger. Dr Gulati was instrumental in streamlining, clarifying, and simplifying the Indian merger review regime. Post-retirement, she worked as Senior Adviser on competition law with Trilegal and Head of Public Policy at Google. Currently, she teaches and advises on regulating digital technologies and competition law.

  • Her educational qualifications include a BA Honours in Economics from Lady Sri Ram College, Delhi University, an LLM (Telecom & IT law) from the University of Strathclyde, UK, and a PhD. from the Indian Institute of Technology, Delhi.

  • Dr Gulati's postings in the Government of India include Advisor (Digital Communications) at the National Institute for Transforming India. Before that, as Senior Deputy Director-General in the Department of Telecommunications, she served as Officer on Special Duty (OSD) to the Chairperson of the Telecom Commission of India.

  • Dr Gulati has been an expert and resource person for the International Telecommunication Union (ITU) since 2010. She was Co-rapporteur of the ITU-Development sector's Study Group (2018-21) and co-authored the ITU report on Consumer Protection in the Digital Age. She has represented the Asia Pacific Region as Vice-Chair of the ITU Working Group on Finance and Human Resources.

What We Cover

Practice Areas

Competition and Antitrust

Competition law was enacted in India in 2003, though enforcement of section 3 and 4 related to antitrust started only in 2009. Enforcement of sections 5 and 6 related to Combinations began only in 2011.

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Investment

International Investment flows have slowed down due to the pandemic. However, India continues to attract record investment flows. International investment flows are currently not governed by any multilaterally agreed rules.

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Domestic and International Trade

International Trade

The World Trade Organisation (WTO) and the multilateral trading system (MTS) has emerged as a major determinant of international economic activity and exchanges.

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Securities and Capital Markets

Securities and Capital Markets

APRLP Law has a team of Experts /Advisers on IPOs, QIPs, Rights Issues, FCCB and ADR Offerings. APRLP Law cater to the service needs of issuers, investment banks and private equity houses and selling shareholders.

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Banking and Finance

Banking and Finance

The Banking And Financial Sector Has Been Fast Transforming. Consolidation Has Been Gathering Momentum. Technological And Digital Revolutions Have Touched The Financial Sector Intimately.

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Energy and Environment

Energy and Environment

Environmental issues have taken central stage at the international and national levels. The Golden Jubilee of the Stockholm Summit was celebrated recently.

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Insolvency and Bankruptcy

Insolvency and Bankruptcy

The Insolvency and Bankruptcy team in APRLP Law has very long experience in this area. They are able to guide on all aspects of the processes. APRLP Law also provide advice and guidance on corporate restructuring and positioning in the market.

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Corporate Law

Corporate Law

Legal and financial counsel related to Company's operations, regulatory regimes, corporate and government affairs.

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Environmental, Social and Governance

Environmental, Social and Governance

ESG Has Become The Focus Of Economic Decision Making By Governments, Corporates And Investors. It Has Been Established That In The Medium To Long Term Compliance With ESG Norms Pay And Return On Investment (RoI) Is Higher.

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Environmental, Social and Governance

Arbitration

Arbitration is another area in which APRLP Law has expertise.

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Telecom And Digital Economy

Telecom And Digital Economy

A thriving and dynamic telecommunications sector and the success of initiatives like Digital India and the India Stack have contributed to the phenomenal growth of the Digital Economy in India.

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