As corporate sector in India faces stiff competition from foreign entities, competition litigation in India is on steady rise. More and more companies in India are bringing petitions for damages allegedly suffered as a result of corporate anti-competitive behavior. In India, this trend is still in inception. Competition law is primarily governed by the Competition Act 2002. Before coming into being of this recent legislation, the law that governed this area was MRTP Act, 1969. With the passage of time, corporates themselves will want legislative changes which in turn will encourage more antitrust damages claims in India. Future competition legislation might have a massive impact and it is obvious that it will further encourage claims in an already rapidly growing number of competition matters.
Anti-Trust or Competition claims are frequently multi-jurisdictional in nature. Competition law also relates to corporate and other procedural law, and complex litigation strategy. It has special focus on damages-claims in Competition Commission of India and Supreme Court of India. It includes:
- Filing claim petitions for damages – such petitions are increasingly frequent subsequent to the adoption of cartel infringement decisions;
- Petitions for injunctions and interim relief, for example in mergers or abuse of dominance by corporate houses and unreasonable refusal to supply;
- Claims in India raising competition law violations as a defense, for example as a reaction to a complex commercial dispute;
- Class petitions, defending companies and individuals in a private competition litigation;
- Coordinating competition law damages claims across multiple jurisdictions.
Businesses may initiate anti-trust action when competitors abuse dominant position and help in mergers and agreements among legal entities. Broad range of anti-trust/competition law matters, includes:
- Pre-Merger notification and Merger Control issues in India and outside India
- Anti-trust audits and compliance programs/ cartel investigations
- Monopolization/ dominance disputes
- Commercial agreements including complex IPR licensing issues