Family Lawyer

Leading Law Firm in Competition Law and Antitrust in India

India's Competition Regime and Ensuring Compliance

Foresight Law Offices advises businesses on all aspects of Indian competition law, helping them manage antitrust risks, obtain merger control clearances, and navigate investigations and litigation before the Competition Commission of India (CCI) and appellate courts.

Understanding Competition Law in India

Governed primarily by the Competition Act, 2002, this area of law aims to prevent practices having an adverse effect on competition, promote and sustain competition in markets, protect consumer interests, and ensure freedom of trade. Key areas include regulating anti-competitive agreements (cartels, collusive bidding), abuse of dominant market position, and combinations (mergers, acquisitions) that could harm competition.

Our Competition Law Services

We offer comprehensive guidance on competition law matters:

Merger Control

Advising on the mandatory notification requirements for mergers, acquisitions, and joint ventures that meet jurisdictional thresholds; preparing and filing notifications with the CCI and obtaining clearance.

Anti-Competitive Agreements

Assessing business practices (e.g., distribution agreements, joint ventures, trade association activities) for compliance with rules against cartels, vertical restraints, and other restrictive agreements; advising on leniency applications.

Abuse of Dominance

Advising dominant companies on compliant conduct regarding pricing, refusals to deal, tying/bundling, and other practices; representing clients in abuse of dominance investigations.

Competition Compliance Programs

Designing and implementing tailored compliance programs, conducting audits, and providing training to help businesses proactively mitigate antitrust risks.

Competition Litigation & Investigations

Representing clients in investigations initiated by the Director General (DG) of the CCI, and handling litigation before the CCI, National Company Law Appellate Tribunal (NCLAT), and Supreme Court.

Market Studies & Advocacy

Assisting clients in responding to CCI market studies and engaging in competition advocacy efforts.

Our Approach

Our Competition Law team combines legal expertise with economic principles. We focus on:

Risk Assessment

Identifying potential competition law risks in business strategies and transactions.

Strategic Advice

Providing practical solutions that achieve business objectives while complying with the law.

Effective Representation

Advocating strongly for clients before the CCI and courts.

Proactive Compliance

Helping businesses build a culture of competition law compliance.

Frequently Asked Questions (FAQs)

The CCI is the statutory body responsible for enforcing the Competition Act, 2002. Its key functions include reviewing mergers and acquisitions (combinations), investigating anti-competitive agreements and abuse of dominance, and promoting competition advocacy.

Notification to the CCI is mandatory if the parties involved in a transaction (merger, acquisition, amalgamation) meet specific asset or turnover thresholds defined in the Competition Act, both in India and globally, unless exemptions apply.

A company holds a dominant position if it can operate independently of competitive forces or affect competitors/consumers in its favour. Abuse occurs if such a company engages in unfair/discriminatory pricing or conditions, limits production/market access, denies market access, or uses its dominance in one market to enter another.

A cartel is an agreement between competing businesses to fix prices, limit output, share markets, or rig bids. Cartels are considered the most serious type of anti-competitive agreement and attract significant penalties under the Competition Act.

The CCI’s leniency program offers reduced penalties to companies or individuals who are part of a cartel if they provide full, true, and vital disclosures that help the CCI investigate and prove the cartel’s existence.

about-us-1-1 -bg

Discuss Your Competition Law Needs

For guidance on merger control, antitrust compliance, or representation before the Competition Commission of India, please contact Foresight Law Offices.