Competition & Antitrust
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Competition law regulates anti-competitive conduct protecting consumer interests and market efficiency. Violations of Competition Act, 2002 can trigger regulatory investigations, penalties, and private damages claims. Our practice navigates the Competition Commission of India’s (CCI) complex procedures and adjudicatory framework.
We advise on competition law compliance, represent clients in CCI investigations and proceedings, pursue private damages claims, and contest unfavorable CCI orders before the National Company Law Appellate Authority (NCLAT).
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Our Expertise
We understand CCI investigation procedures, substantive competition law defenses, and appellate standards before NCLAT, having represented clients in diverse sectors affected by competition regulation.
Abuse includes exclusionary conduct (denying competitors market access), exploitative conduct (excessive pricing), or practices having no objective justification but harming competition. Dominance requires market share over 40%.
A cartel is an agreement among competitors on pricing, output, market allocation, or bidding. Cartels are per se illegal under Section 3, subject to very limited exceptions for research associations.
Combinations exceeding CCI thresholds (asset, turnover, market share) require pre-merger notification. CCI reviews whether the combination will cause appreciable adverse effect on competition (AAEC).
The Commission determines violations based on evidence. An agreement’s text showing anti-competitive terms is strong evidence. Economic analysis and market evidence support substantive findings.
Yes, CCI orders can be appealed to NCLAT on questions of law or fact within 60 days. NCLAT can confirm, set aside, or modify CCI orders. Further appeal lies to the Supreme Court.
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