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 PatilVice-Chair, Asia/Pacific Committee

    Asia/Pacific Antitrust Round-Up (India) Snehal Patil 12/13/07*

  • Section of International Law

    A Presentation toABA InternationalAsia/Pacific Antitrust Round-Up (India) Snehal Patil 12/13/07


  • *Presentation OverviewAntitrust regulations in IndiaMonopolies & Restrictive Trade Practices Act, 1969Competition Act, 2002Snapshot of the MRTP ActOverview of the Competition ActLacunae in the new legislationWhat next?

  • *MRTP Act A SnapshotPurposeWhat is regulated?Who regulates?How regulated?The MRTP experience

  • *Competition Act An OverviewWhat is regulated?Anti-competitive agreementsAbuse of dominant positionRegulation of combinations

  • *Competition Act An OverviewAnti-competitive agreementsWhat is prohibited?What constitutes appreciable adverse effect on competition?Agreements presumed to be anti-competitiveExceptions?

  • *Competition Act An OverviewAbuse of dominant positionWhat is prohibited?What constitutes dominant position?Does it apply to group companies?Exceptions?

  • *Competition Act An OverviewRegulation of combinationsWhat is prohibited?Reporting thresholdsReporting period triggering eventWaiting periodExceptions?

  • *Competition Act An OverviewWho regulates?Competition Commission of India (CCI)Director General, CCICompetition Appellate TribunalFinal appeal Supreme Court of India

  • *Competition Act An OverviewCompetition Commission of India (CCI)Inquiries by CCIReference to/by CCIProcedurePowersPenaltiesWho may appear?

  • *Competition Act An OverviewCompetition Appellate TribunalWhen?ProcedurePowersWho may appear?

  • *Competition Act An OverviewFinal Appeal Supreme Court of IndiaWhen?ProcedurePowersWho may appear?

  • *Competition Act LacunaeDe minimis nexusWaiting periodNotification timingNotification formatAny other?

  • *What next?Transitional provisionsImplementing regulationsABA and IBA actionFeedback from IndiaNext steps?

  • *B I O G R A P H I E SMr. Patils 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 Indias 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 EngagementsRepresented a large U.S. professional liability company in a $281 million acquisition of a major provider of healthcare liability insurance.Representation of worlds 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 Brown Raysman & Steiner415 369

    EducationGovernment 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)


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