Navigating the Complexities of a Dynamic Market

In India's rapidly evolving economic landscape, competition law is more critical than ever. Competition law is pervasive, impacting every level of a company—from the board of directors and senior management to project managers, suppliers, distributors, and other business partners. The CCI holds the power to impose fines on both individual officers and the company or group as a whole. Increasingly, the CCI is aiming at not only the infringing enterprises but also the officers responsible.

It's not just about compliance; it's about strategic advantage, risk mitigation, and securing your position in the market. At Khare Legal, we are at the forefront of this practice, offering unparalleled expertise and a proven track record of success.

Efficiency and Strategic Support

We don't just know the law; we understand the markets in which you operate. Our team of seasoned professionals, with extensive experience in a wide range of industries, provides comprehensive solutions for all your competition law needs, including:

• Merger Control: We guide you through the intricate process of merger notifications, securing approvals from the Competition Commission of India (CCI) for both domestic and global transactions. We have a reputation for successfully handling complex deals, including those requiring remedies or in-depth reviews.
• Cartel Investigations & Leniency: We provide strategic counsel and representation in cartel investigations, helping you navigate dawn raids, leniency applications, and litigation before the CCI and appellate tribunals. Our expertise is crucial for protecting your interests and minimizing penalties.
• Abuse of Dominance: We advise and represent clients in cases involving allegations of abuse of a dominant position. Whether you are the complainant or the defendant, we help you understand and enforce your rights, ensuring fair competition.
• Competition Advocacy & Compliance: Beyond disputes, we help you build a robust compliance framework. We offer tailored advice, training, and audits to help your business operate ethically and avoid future legal challenges.

Why Choose Us?

• Strategic Insight: Our advice is not just legal; it's commercial and strategic, tailored to your business objectives.
• Dedicated Team: Our dedicated team of competition lawyers possesses a wealth of knowledge and a commitment to achieving the best possible outcomes for our clients.
• Holistic Solutions: We provide a full spectrum of services, from preventative compliance and advisory work to high-stakes litigation.

The Cost of Non-Compliance

As the Chairperson of the CCI recently noted, "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."

Competition Law & Antitrust: Dispute Resolution

The landscape of Indian business is being fundamentally reshaped by competition law. As a result, litigation strategies must be finely tuned to this evolving environment, drawing not only from the jurisprudence of the Competition Commission of India (CCI) but also from the foundational principles of EU law, which heavily influence India's Competition Act.

Our approach to litigation is comprehensive and data-driven, encompassing sophisticated econometric analysis, meticulous market assessments, and strategic considerations. We leverage our robust litigation expertise to represent clients as both complainants and defendants, offering a full spectrum of services:

• Representing Clients: We represent clients before the CCI, the Competition Appellate Tribunal, High Courts, and the Supreme Court of India.
• Submissions & Filings: We prepare and file detailed information and written submissions with the CCI and its investigative arm, the Director General (DG).
• Expert Analysis: We conduct in-depth econometric and market analysis to support our submissions, working with leading economists to ensure the highest standard of evidence.
• Damages Claims: We assist in calculating appropriate damages for follow-on and damages complaints filed before the Tribunal.

Our Approach to the Enforcement Process

We provide strategic guidance and representation at every stage of an enforcement process:

• Information Filing: We conduct a detailed market research and economic analysis to draft compelling information, providing all necessary evidence to persuade the CCI to direct an investigation.
• Director General Investigation: We undertake economic analysis of data and advise on submissions to the DG. We also coordinate with economists to draft market assessment reports and make submissions on behalf of both the informant and the opposite party.
• CCI Hearings: We prepare for and present oral arguments and written submissions before the CCI. Our work includes analysing the DG's report and conducting further analysis, including customer interviews and collaboration with economists, to delineate the relevant market.

Merger Control

Our team has the expertise to guide you through the intricacies of the merger control process. Our services include:

• Notification Determination: We review financial statements and transaction structures to determine if and when a merger notification is required.
• Filing & Assessment: We assist in assessing the relevant market and preparing short-form (Form I) or long-form (Form II) filings, as required.
• Strategic Filings: We manage the filing of the merger notification and subsequent responses, leveraging econometric analysis to support our submissions to the CCI.
• Compliance & Negotiation: We provide advice on "gun jumping" compliance and assist in negotiating commitments with the CCI.

Compliance & Risk Management

Our approach to compliance and risk management goes beyond simple audits. We believe that an effective strategy must be proactive and deeply integrated into your business.

Best Practices & Training

An audit is just the first step. Once we identify your specific risks, we implement a customized compliance program tailored for every level of your organization - from the board of directors and senior management to project managers and business partners. We ensure that your team is not only aware of competition law principles but also knows how to apply them while maintaining commercial success.

Our in-house compliance training seminars are designed to be both informative and interactive. We can tailor these sessions to suit your specific company, industry, and audience, providing your team with the essential knowledge to navigate the nuances of competition law.

General Compliance Counselling

As your business evolves, so should your compliance program. Our team of lawyers works with you to regularly reassess your policies. We provide expert advice on the competition law risks associated with changes in your pricing strategies, distribution systems, marketing plans, or relationships with major suppliers and customers. This proactive counsel helps you make informed business decisions while staying compliant.

Dawn Raid Preparedness

With the upcoming Competition Amendment Bill, the Competition Commission of India (CCI) will have increased power for search and seizure operations, also known as dawn raids. These raids can happen with little to no warning, and an incorrect response can have a devastating impact on your business and reputation.

To mitigate this risk, we help you develop and implement effective policies and procedures to be followed during a raid. Our dawn raid training prepares your management and key employees for every stage of an inspection—from the moment CCI officials arrive to post-raid debriefings.

We work with clients to ensure they are ready for a dawn raid by:

• Preparing guidelines and procedures for your employees to follow during an inspection.
• Conducting a dawn raid response audit to test your company's preparedness.
• Training your employees on how to handle an inspection effectively and minimize disruption.

Competition Law Advisory

We also provide day to day counselling to enterprises on competition law. The scope of Khare Legal’ services includes the following:

• Review of the agreements entered into by companies / practices adopted by companies to do a sanity check whether their practices are in compliance with the Act;
• Advise on financial statements for merger notification;
• Gun jumping compliance;
• Strategy memorandums to companies to mitigate the risk of non-compliance.

Partner with us to protect your business and thrive in a competitive market.

Our Experience: A Record of Excellence

• Filed Information before Competition Commission of India against the abuse of dominance by Coal India and its subsidiaries in supply of coal to the core industries like steel industries, power industries, sponge iron industries, cement industries etc. This is one of the biggest competition actions initiated against Coal India in recent history.
• Advocated on behalf of the Sponge Iron Manufacturers Association in their Competition Commission of India (CCI) action against Coal India, successfully securing the imposition of penalties on the latter in a significant competition law case within India.
• Advised Marico Ltd. on a comprehensive array of legal issues, encompassing competition law.
• Advised Route Mobile Limited on competition law matters.
• Advised and represented ACC Limited, SREI Infrastructure, and the Sponge Iron Manufacturers Association before the Competition Commission of India (CCI) in major cartel and abuse of dominance proceedings.
• Represented ACC Limited in responding to notices and defending allegations of cartelization initiated by the CCI, and advised on compliance measures under the Competition Act, 2002.
• Advised and represented Asian Paints on complex issues under competition law involving vertical restraints and market practices.
• Provided legal counsel to a leading railway contracting company in connection with a cartel investigation initiated by the CCI.
• Advised and represented leading corporates on regulatory issues before the CCI and appellate bodies, including cartel, dominance, and merger control matters.
• Conducted workshops and compliance training for senior management and legal teams of Marico Ltd. and Bank of India on competition law, data privacy, and regulatory compliance.
• Advised the Board of Directors and senior officials of Bank of India (approximately 150 participants, including General Managers) on competition and data privacy obligations, including design of internal compliance frameworks.
• Provided legal guidance to corporates and institutions for formulating and implementing competition compliance policies, dawn raid preparedness, and data protection protocols.
• Advised Saraswati Devi Charitable Trust on matters of trust law, governance, and regulatory compliance concerning charitable institutions.