Anti-Competitive Agreements
Cartels
Cartels, which are agreements between competitors involving practices such as price-fixing, production control, market-sharing, or bid-rigging, are presumed to have a significant adverse effect on competition. When such violations are established, the enterprises, their leadership, and other involved individuals may face substantial penalties.
We provide comprehensive legal advice on potential cartel violations, including conducting internal audits – often with forensic experts – to assess and gather evidence of any breaches. Our Team also advises on navigating the CCI’s leniency program and guides them through the intricate application process.
In addition to assisting clients with filing cartel complaints before the CCI, we defend them in proceedings aimed at determining whether there is a prima facie case of breach. This includes representation during investigations conducted by the Director General, and submissions and hearings before the CCI and before the NCLAT.
Other Agreements
In the competitive landscape, businesses need the confidence that their commercial agreements comply with competition laws.
We offer advice on the competition law implications for joint venture and horizontal cooperation agreements. For trade associations, we provide guidance on legitimate information exchanges and how to distinguish between permissible and anti-competitive behaviour.
Vertical agreements, where shown to have an appreciable adverse effect on competition, are prohibited under the Competition Act. Our experience spans a variety of vertical agreements, including those related to supply, dealership, franchising, and licensing. We advise clients on key issues such as exclusivity, refusal to deal, resale price maintenance, agency, and sub-contracting.
We also offer advice on the intersection of Competition Law and intellectual property rights. The Competition Act, 2002, recognizes the rights of IP holders to protect their assets through reasonable conditions and measures. We assist clients in navigating the permissible scope of IP protection and competition law.
