asia/pacific antitrust round-up (india) snehal patil vice-chair, asia/pacific committee snehal patil...

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Asia/Pacific Antitrust Round-Up (India) Snehal Patil Vice-Chair, Asia/Pacific Committee Asia/Pacific Antitrust Round-Up (India) – Snehal Patil – 12/13/07 1

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Asia/Pacific Antitrust Round-Up (India)Asia/Pacific Antitrust Round-Up (India)

Snehal Patil

Vice-Chair, Asia/Pacific Committee

Snehal Patil

Vice-Chair, Asia/Pacific Committee

Asia/Pacific Antitrust Round-Up (India) – Snehal Patil – 12/13/071

Section of International LawSection of International Law

A Presentation to

ABA International

A Presentation to

ABA International

Asia/Pacific Antitrust Round-Up (India) – Snehal Patil – 12/13/072

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Presentation OverviewPresentation Overview

• Antitrust regulations in India Monopolies & Restrictive Trade Practices Act, 1969 Competition Act, 2002

• Snapshot of the MRTP Act

• Overview of the Competition Act

• Lacunae in the new legislation

• What next?

• Antitrust regulations in India Monopolies & Restrictive Trade Practices Act, 1969 Competition Act, 2002

• Snapshot of the MRTP Act

• Overview of the Competition Act

• Lacunae in the new legislation

• What next?

4

MRTP Act – A SnapshotMRTP Act – A Snapshot

• Purpose

• What is regulated?

• Who regulates?

• How regulated?

• The MRTP experience

• Purpose

• What is regulated?

• Who regulates?

• How regulated?

• The MRTP experience

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Competition Act – An OverviewCompetition Act – An Overview

What is regulated?

• Anti-competitive agreements

• Abuse of dominant position

• Regulation of combinations

What is regulated?

• Anti-competitive agreements

• Abuse of dominant position

• Regulation of combinations

6

Competition Act – An OverviewCompetition Act – An Overview

Anti-competitive agreements

• What is prohibited?

• What constitutes “appreciable adverse effect on competition”?

• Agreements presumed to be anti-competitive

• Exceptions?

Anti-competitive agreements

• What is prohibited?

• What constitutes “appreciable adverse effect on competition”?

• Agreements presumed to be anti-competitive

• Exceptions?

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Competition Act – An OverviewCompetition Act – An Overview

Abuse of dominant position

• What is prohibited?

• What constitutes “dominant position”?

• Does it apply to group companies?

• Exceptions?

Abuse of dominant position

• What is prohibited?

• What constitutes “dominant position”?

• Does it apply to group companies?

• Exceptions?

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Competition Act – An OverviewCompetition Act – An Overview

Regulation of combinations

• What is prohibited?

• Reporting thresholds

• Reporting period – triggering event

• Waiting period

• Exceptions?

Regulation of combinations

• What is prohibited?

• Reporting thresholds

• Reporting period – triggering event

• Waiting period

• Exceptions?

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Competition Act – An OverviewCompetition Act – An Overview

Who regulates?

• Competition Commission of India (CCI)

• Director General, CCI

• Competition Appellate Tribunal

• Final appeal – Supreme Court of India

Who regulates?

• Competition Commission of India (CCI)

• Director General, CCI

• Competition Appellate Tribunal

• Final appeal – Supreme Court of India

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Competition Act – An OverviewCompetition Act – An Overview

Competition Commission of India (CCI)

• Inquiries by CCI

• Reference to/by CCI

• Procedure

• Powers

• Penalties

• Who may appear?

Competition Commission of India (CCI)

• Inquiries by CCI

• Reference to/by CCI

• Procedure

• Powers

• Penalties

• Who may appear?

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Competition Act – An OverviewCompetition Act – An Overview

Competition Appellate Tribunal

• When?

• Procedure

• Powers

• Who may appear?

Competition Appellate Tribunal

• When?

• Procedure

• Powers

• Who may appear?

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Competition Act – An OverviewCompetition Act – An Overview

Final Appeal – Supreme Court of India

• When?

• Procedure

• Powers

• Who may appear?

Final Appeal – Supreme Court of India

• When?

• Procedure

• Powers

• Who may appear?

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Competition Act – LacunaeCompetition Act – Lacunae

• De minimis nexus

• Waiting period

• Notification timing

• Notification format

• Any other?

• De minimis nexus

• Waiting period

• Notification timing

• Notification format

• Any other?

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What next?What next?

• Transitional provisions

• Implementing regulations

• ABA and IBA action

• Feedback from India

• Next steps?

• Transitional provisions

• Implementing regulations

• ABA and IBA action

• Feedback from India

• Next steps?

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B I O G R A P H I E SB I O G R A P H I E S

Mr. Patil’s practice focuses on project finance, infrastructure development, energy

and technology sector acquisitions, private equity and venture capital investments,

and international transactions involving U.S. and India. Mr. Patil has served in India’s

civil services on a Presidential appointment and was recommended for appointment

to the Cabinet Secretariat, headed by the Prime Minister of India. Mr. Patil serves as

Vice-Chair, Asia/Pacific Committee of ABA, Section of International Law, and as

Board member of the South Asian Bar Association of Northern California.

Mr. Patil’s practice focuses on project finance, infrastructure development, energy

and technology sector acquisitions, private equity and venture capital investments,

and international transactions involving U.S. and India. Mr. Patil has served in India’s

civil services on a Presidential appointment and was recommended for appointment

to the Cabinet Secretariat, headed by the Prime Minister of India. Mr. Patil serves as

Vice-Chair, Asia/Pacific Committee of ABA, Section of International Law, and as

Board member of the South Asian Bar Association of Northern California.

Representative Engagements

• Represented a large U.S. professional liability company in a $281 million acquisition of a major provider of healthcare liability insurance.

• Representation of world’s largest wind turbine manufacturer in various wind power projects in North America.

• Representation of U.S.- and India-based public and private companies in negotiating and structuring their overseas investments, including overseas mergers and acquisitions.

• Representation of U.S.-based energy and technology start-ups and emerging growth companies in early stage financing, preferred investments, licensing, sourcing and technology transactions.

• Represented U.S.- and India-based companies in diverse corporate, commercial, intellectual property and real estate litigation before various courts and tribunals in India.

• Represented a media and entertainment company in setting up multiplexes in various Indian mega-cities.

Representative Engagements

• Represented a large U.S. professional liability company in a $281 million acquisition of a major provider of healthcare liability insurance.

• Representation of world’s largest wind turbine manufacturer in various wind power projects in North America.

• Representation of U.S.- and India-based public and private companies in negotiating and structuring their overseas investments, including overseas mergers and acquisitions.

• Representation of U.S.-based energy and technology start-ups and emerging growth companies in early stage financing, preferred investments, licensing, sourcing and technology transactions.

• Represented U.S.- and India-based companies in diverse corporate, commercial, intellectual property and real estate litigation before various courts and tribunals in India.

• Represented a media and entertainment company in setting up multiplexes in various Indian mega-cities.

Snehal PatilThelen Reid BrownRaysman & Steiner

415 369 [email protected]

Snehal PatilThelen Reid BrownRaysman & Steiner

415 369 [email protected]

Education

Government Law College, University of Mumbai (LL.B., 1997); Delhi School of Economics, University of Delhi (M.A., 2000); Sydenham College of Commerce & Economics, University of Mumbai (B.Com., 1994)

Education

Government Law College, University of Mumbai (LL.B., 1997); Delhi School of Economics, University of Delhi (M.A., 2000); Sydenham College of Commerce & Economics, University of Mumbai (B.Com., 1994)