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Anti Trust & Competition

Archer & Angel has in the recent past deployed a significant amount of its resources on competition law and anti-trust issues. Attorneys in the firm are advising clients on various aspects of competition and anti-trust laws varying from anti-competitive agreements, including but not limited to production, supply, distribution, storage, marketing and acquisition agreements relating to goods and services. Due diligences for mergers and acquisitions are also carried out to ensure compliance with anti-trust regulations.

Attorneys of the firm have advised on cartels, abuse of dominant position, competition policies, predatory pricing issues, marketing and sales strategies, comparative advertising, illegal use of trade names and trade marks and tie-in arrangements. The firm regularly conducts initial and periodic review of existing contracts, policies and practices to ensure compliance and is also capable of organizing workshops, presentations and programs in this sphere.

The firm has also advised clients on various matters and procedures associated with Competition Commission of India (CCI), including matters before the CCI and has expertise in drafting petitions, claims, applications, counter-claims, replies, rejoinders etc. associated with competition law.

Significant Representations:

  • Advised one of the world’s largest commodity trading and manufacturing companies on acquisition of manufacturing unit, review of various existing agreements, procedures and practices and providing report from a competition law perspective.
  • Advised one of the world’s largest tobacco companies on structuring of its distribution channels in India, including preparation and negotiation of agreements with distributors and advise on anti-trust and competition issues. Advised on comparative advertising, and potential anti-competitive marketing material to ensure compliance.
  • Advised a leading IT/telecom company on various aspects of completion law in India, including advise on monopolistic and restrictive trade practices, tie-in arrangements and advise on channel partner and distribution agreements.
  • Represented one of the largest component suppliers to Government of India on issue of cartelization and predatory pricing.
  • Advised one of the world’s leading mobile workforce management and service optimization solutions on the asset purchase of an Indian company, including advise on dominant status and monopolistic practices, vertical and horizontal agreements etc.
  • Advised a US headquartered global leader in technology-enabled testing and assessment services on various aspects of Indian competition law, including potentially monopolistic status and practices.
  • Advised a high net worth group of individuals on real estate transactions with a construction company, advised on proceedings before the Competition Commission of India; prepared and filed claim regarding construction company’s unfair trade practices.
  • Advised world’s leading fashion and apparel company on expansion into India, including negotiation of master franchise agreement, advise on marketing strategies to ensure compliance with competition regulations.
  • Advised one of the world’s leading computer hardware distributors on anti-competitive aspects of distribution agreements with prospective Indian partners, represented in negotiations with one Indian party which claimed arrangements were unfair trade practices, and negotiated settlement.