A case study reveals how to ride the regulatory waves created by India’s new competition regime as well as similar laws in the UK, the US and the EU
The introduction of India’s new competition law has sparked great debate and analysis. Domestic companies in India are studying the law in an effort to understand how it may affect business operations. For Indian companies with a global footprint or international companies with assets or operations in India, this task may be much trickier, particularly because of the increasing penetration of competition law worldwide.
Over 100 countries have laws to regulate agreements, commercial practices and mergers that may affect competition. It is vital for businesses to take both a local and a global approach when assessing commercial practices for competition law compliance because practices taking place in one country may be caught by the competition laws of another. Individual countries may be inspired in their legal developments by international laws but they tailor their approach to suit their needs.
So despite areas of convergence, differences remain in the detail. In areas of doubt or where there is no clear guidance in a particular situation, experiences that businesses and their advisers have gained internationally can be useful in addressing challenges in a new environment where the law and practice are emerging. This article addresses the practical implications of India’s competition law for international businesses with operations in, or which may affect, India, or those planning to do business in India.
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Suzanne Rab is a partner in the antitrust practice at King & Spalding in London. She has particular experience advising on transactions and behavioural matters, including in proceedings before the UK competition and regulatory authorities and the European Commission. She can be contacted by telephone on +44 (0) 20 7551 7581 or by email at srab@kslaw.com. The information contained in this article is for general information only and is not intended to provide legal advice. The information is based on our understanding of the key changes to Indian law as relevant in an international context.
