Competition Law Practice
Our Competition Law practice advises on the full scope of the Competition Act, 2002 — CCI merger control filings for transactions above the prescribed thresholds, anti-competitive agreement risk management, abuse of dominant position advisory, cartel investigation response, and competition compliance programmes. The Competition Commission of India has emerged as an active regulator with significant penalties in cartel and dominance cases and a merger control regime that requires mandatory pre-closing notification for qualifying transactions.
- CCI merger control filing is mandatory for combinations above the thresholds in Section 5 of the Competition Act, 2002. The thresholds are periodically revised by government notification and must be verified before any transaction determination.
- Horizontal agreements between competitors on price, output, market allocation, or bid rigging are presumed to have an appreciable adverse effect on competition under Section 3(3). We advise on trade association participation, information-sharing protocols, and competitor interaction practices.
- Section 4 of the Competition Act prohibits dominant enterprises from abusing their position through predatory pricing, denial of market access, and leveraging dominance across markets. We advise market-leading businesses on the conduct that risks characterisation as abuse.
- CCI’s cartel enforcement has resulted in significant penalties. The Lesser Penalty Regulations provide an incentive for first-mover disclosure by cartel participants.
- Vertical agreements — distribution, exclusivity, resale price maintenance — are assessed under a rule of reason analysis and prohibited only where they cause an appreciable adverse effect on competition. We advise on structuring distribution and licensing arrangements.
-
CCI Merger Control — Our Filing Practice
We assess CCI merger control filing requirements as a standard step in every M&A and PE transaction. Under Section 5 of the Competition Act, 2002, combinations meeting the asset or turnover thresholds set by the government require prior CCI approval before closing. The standard review period is thirty working days for Form I (short form) filings; Phase II review extends to 150 working days. We prepare and file CCI merger control notifications, manage the query and information request process during review, and advise on remedies — including behavioural and structural commitments — where the CCI identifies competition concerns.
We advise on the demarcation between Form I (short form) and Form II (long form) filings, which turns on market share thresholds and is a material decision affecting the review timeline.
-
Anti-Competitive Agreements — Cartel Risk Management
Section 3 of the Competition Act prohibits agreements that cause an appreciable adverse effect on competition. Horizontal agreements between competitors on price, output, market allocation, or bid rigging are treated under a presumptive analysis. CCI’s cartel enforcement has resulted in significant penalties, and the Lesser Penalty Regulations provide an incentive for first-mover disclosure.
We advise businesses on cartel risk management: reviewing trade association participation practices, information-sharing protocols at industry events, and competitive intelligence-gathering processes. We also advise on the response to CCI investigation notices and represent businesses in formal investigation proceedings.
“Dominance itself is not prohibited by the Competition Act — only its abuse. We advise market-leading businesses on how to compete aggressively while staying within the boundaries of what Section 4 permits.” -
Abuse of Dominant Position — Advisory for Market Leaders
Section 4 of the Competition Act prohibits enterprises holding a dominant position from abusing that dominance through: predatory pricing; limiting production, markets, or technical development; denying market access; making contracts conditional on acceptance of supplementary obligations; and using a dominant position in one market to enter or protect another. We advise businesses with significant market positions on the conduct that risks characterisation as abuse, on the evidence that establishes or negatives dominance in a relevant market, and on the response to CCI investigations.
-
Competition Compliance Programmes
We design and implement competition compliance programmes for businesses operating in sectors with elevated cartel or dominance risk — manufacturing, distribution, financial services, and platforms. A compliance programme does not provide immunity from CCI enforcement, but it demonstrates good faith and reduces the probability of inadvertent violations. We advise on the programme design, training delivery, and the internal investigation and disclosure process when a potential violation is identified. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
competition-law-practice-faq
Section 4 of the Competition Act, 2002 prohibits a dominant enterprise from: imposing unfair or discriminatory conditions or prices on the purchase or sale of goods or services; predatory pricing; limiting production, markets, or technical development to the prejudice of consumers; denying market access; making contracts conditional on acceptance of supplementary obligations having no connection with the subject of the contract; and using its dominant position in one relevant market to enter or protect other relevant markets.
Combinations meeting the asset or turnover thresholds prescribed under Section 5 of the Competition Act, 2002 require mandatory prior CCI approval before closing. The thresholds cover both the parties involved in the combination and, in some cases, the group to which those parties belong. They are revised periodically by government notification and must be verified before any transaction. Completing a reportable combination without prior CCI approval constitutes gun-jumping and attracts significant penalties.
Form I is the short-form filing used for combinations that do not raise prima facie competition concerns — broadly where the combined market share of the parties in the relevant market is below the prescribed threshold (typically 15% for horizontal combinations and 25% for vertical). Form II is the long-form filing required where the market share thresholds are exceeded or where the CCI has previously identified concerns in similar transactions. Form II requires significantly more detailed market analysis and the review timeline is correspondingly longer.
The CCI investigates cartel allegations through the Director General, who has powers to search and seize documents, examine witnesses, and compel production of information. CCI cartel penalties can reach ten percent of average annual turnover for each year of the infringement, subject to the relevant party’s total turnover. The CCI’s Lesser Penalty Regulations incentivise first-mover disclosure by cartel participants by offering full immunity to the first discloser and graduated reductions for subsequent disclosers.
Vertical agreements — distribution agreements, exclusive supply arrangements, resale price maintenance, exclusive dealing, and tied selling — do not require CCI prior approval unless they also constitute a combination above the Section 5 thresholds. They are, however, assessed under Section 3(4) of the Competition Act under a rule of reason standard and are prohibited if they cause an appreciable adverse effect on competition in India. We advise on structuring distribution and licensing arrangements to manage Section 3(4) exposure.