BUSINESS
SOLUTIONS
Antitrust & Competition Law
Competition Commission of India (“CCI”) is aggressive and assertive in its enforcement outlook and levying hefty fines for violations; every company and the officers in charge must be aware of the canons of competition law while conducting their business.
Every company needs expert and up-to-date competition law advice in every activity that it undertakes:
- inorganic growth by way of entering into mergers or acquisitions,
- Entering into/reviewing existing marketing and distribution strategies.
- implementation of sales strategies (including discount methods) for a new /innovative product or
- Discussions with competitors at the level of the trade association.
Competition law is all pervasive, and it percolates every level of a company (whether at the level of the board of directors, senior management, project managers, suppliers, distributors, and all other business partners).
The CCI has the power to levy fines, both on individuals and at the company/group level. As such, the CCI has started levying fines not only on the delinquent enterprises but also on the officers in charge. Based on the above, it is essential that companies must engage with experts who can guide them in conducting business in a manner compliant with competition law. Such an "investment" made now will be the differentiator between commercial success and non-compliance; the impact of non-compliance will be fines and huge reputational loss in the future.
The chairperson of the CCI has observed recently that "Compliance is like the Truth, and not a mathematical formula to match the juggle. There are penalties and fines for non-compliance. The companies also lose credibility if found violating the Competition Compliance. So, the costs of violations are extremely high. There are no formulas defining the violations, but there is a host of factors derived from the behavioural aspects".
THE BOOK
Competition Law in India
Abuse of Dominance and the AI Challenge
AUTHORS
Abhishek Harishwar Khare
BCL (Oxon), Advocate on Record,
Supreme Court of India
Devansh Lunawat
Advocate
Minhas Joshi
Advocate