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Understanding Indian Competition Law: Key Insights and Common Missteps

Understanding Indian Competition Law: Key Insights and Common Missteps

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 The episode covers key aspects of competition law in India, focusing on the Competition Commission of India's (CCI) approach to mergers and anti-competitive practices. The CCI scrutinizes deals where combined market shares exceed 30-40%, particularly among competitors, but has never blocked a transaction since the merger control regime began in 2011. Indian law generally treats companies and their subsidiaries as a single economic entity, except in bidding markets where group companies must avoid sharing sensitive information. The conversation highlights India's evolving competition law, drawing from mature jurisdictions while tailoring rules for the local market. Foreign investors are typically well-informed about Indian competition laws, aligning with approval processes and rules. The evolving legal landscape is seen as an exciting time for competition law practitioners in India.

Our Guest

Vaibhav Choukse

Vaibhav is a Partner in the Firm’s Competition Law Practice with over 16 years of experience. He has been practicing competition law since its inception in India, specializing in complex litigation, and merger control, advising clients across diverse industries. His expertise spans complex competition matters before the Competition Commission of India (CCI) and appellate courts.

In litigation, Vaibhav routinely advises multinational corporations and industry associations on cartel investigations and leniency, dawn raids, vertical agreements, abuse of dominance, and competition compliance. He has successfully defended global auto-component manufacturers, a multiplex operator, and a leading paper manufacturer in cartel cases. He currently advises major players in the seed, pharmaceutical, cement, and financial sectors in ongoing cartel and vertical restraint investigations. In abuse of dominance matters, he represents Hyundai and Ford in India’s first auto-parts aftermarket abuse case and FabHotels in India’s first MFN case against MakeMyTrip and OYO. He also represented Nuziveedu Seeds in its abuse of dominance case against Monsanto before the CCI and Delhi High Court. He is also involved in constitutional and procedural challenges to CCI investigations before various High Courts. Recently, he secured a stay on the CCI’s investigation against sellers on a leading e-commerce platform from various High Courts.

In merger control, he has secured approvals for complex transactions, including ONGC/ NTPC/ Ayana Renewable, Del Monte/ Agro Tech Foods, Coforge/Cigniti, BPEA EQT/Indira/ HDFC Credila, Temasek/Manipal Hospitals, KKR/Hero Future Energies, IBM/Kyndryl, TVS Group restructuring, Ford/Mahindra, Goldman Sachs/ReNew Power (SPAC), and Trafigura/Essar Oil.

A prolific author and speaker, Vaibhav contributes to leading competition law journals and newspapers and frequently speaks at industry forums. He is recognized among India’s top competition lawyers by Chambers & Partners, Who’s Who Legal, Legal500, Forbes Powelist, AsiaLaw, and Global Competition Review. Vaibhav was recently recognized in Asian Legal Business (ALB) Asia 40 Under 40, 2024 as one of Asia’s top 40 legal talents under 40, distinguished as the only competition lawyer on the list.

He holds a master’s degree in Competition Law from King's College London, where he had the privilege of studying under Prof. Richard Whish KC (Hon) in EU Competition Law.


Our Host

Ajay Shamdasani

Ajay Shamdasani is a veteran writer, editor and researcher based in Hong Kong. He holds an AB in history and government from Ripon College, JD and MIPCT degrees from the University of New Hampshire Franklin Pierce Law School, and an LLM in financial regulation from the Illinois Institute of Technology’s Chicago-Kent College of Law.

His 15-year long career as a financial and legal journalist began as deputy editor of A Plus magazine – the journal of the Hong Kong Institute of Certified Public Accountants. From there, he assumed the helm of Macau Business magazine as its editor-in-chief, and later, joined Asialaw magazine as its deputy editor.

More recently, he spent close to seven years as a senior correspondent with Thomson Reuters’ subscription-based trade-wire service Regulatory Intelligence/Compliance Complete (previously called Complinet) in Hong Kong. While there, he covered regulatory developments in that city, as well as Singapore, India and South Korea.

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