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Competition Act - Outline

Rahul Satyan is a legal professional with extensive experience in competition and antitrust law, holding an LLM from the London School of Economics and having worked at top law firms in India. His career includes advising on merger filings, competition litigation, and policy advocacy, along with guest lecturing and publishing in the field. Indrajeet Sircar, also an advocate, has a background in telecommunications and technology policy, with experience in regulatory litigation and policy drafting, contributing to significant projects in India.

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0% found this document useful (0 votes)
42 views7 pages

Competition Act - Outline

Rahul Satyan is a legal professional with extensive experience in competition and antitrust law, holding an LLM from the London School of Economics and having worked at top law firms in India. His career includes advising on merger filings, competition litigation, and policy advocacy, along with guest lecturing and publishing in the field. Indrajeet Sircar, also an advocate, has a background in telecommunications and technology policy, with experience in regulatory litigation and policy drafting, contributing to significant projects in India.

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RAHUL SATYAN ‘Address: F- 351, Sushant Residency, Sushant Lok Il, Sector 57, Gurgaon — 122011 Mob: +91 7738001417 | Email: rahulsatyan@gmail.com EDUCATION, London School of Economics & Political Science [2010-2011] LLM in Corporate & Commercial Laws, High Merit ‘Modules: Competition, Corporate Finarte, Banking, International Arbitration & Commercial Contracts Title of Thesis: A rbitmating Competition Laz Issues: The E C Merger Remedies Paradign : Campus Law Centre, Faculty of Law, University of Delhi [2007 - 2010] LLB, First Class Degree University of Delhi [2004 - 2007] B.A (Honours) English, First Class Degree EXPERIENCE Cyril AmarchandMangaldas, New Delhi [August, 2016 — Present] > Position: Principal Associate Designate — Competition & Antitrust > Experience: Advised clients on a variety of competition and antitrust issues, including, merger filings and competition litigation, principally at the appellatelevel, at the Competition Appellate Tribunal. AZB & Partners, Bombay [November, 2011— August, 2016] > Position: Senior Associate — Competition & Antitrust > Experience: Advised clients on a variety of competition and antitrust issues, including merger filings in both Form I and Form II in a wide variety of industries and sectors, including pharmaceuticals, media, manufacturing, steel, private equity, financial services, banking, insurance and mutual funds. Have been involved in competition litigation at every level ~ complaints to the OCI, investigations before the Director General, proceedings before the OCI and appeals to the Competition Appellate ‘Tribunal and the Supreme Court of India. Have also been engaged in advisory matters, compliance ‘mandates and policy work in competition law, including drafting representations to the OCI and the Parliamentary Sub-Committee on Finance on behalf of and along with organizations such as the CII and ABA. > Notable deals/matters: An indicative list of behavioural and merger control matters is enclosed. Competition Commission of India, New Delhi [October 2011] > Position: Intem > Nature of work Researched on and presented a research project on utilizing akemate dispute resolution mechanisms to enforce behavioural commitments imposed by the CCI. Maclay Murray & Spens, LLP, London [August 2011] > Position: Vacation Scheme Entrant - Competition Practice > Nature of work: Assisted on several competition law issues arising out of the plan to privatise the ‘NHS, attended court hearings in the Civil Division of the Royal Courts of Justice and researched on. various issues under UK and EU law. Miscellaneous > Guest lecturer on competition law and policy at the National Law University Jodhpur, and Rajiv Gandhi National University of Law, Patiala (upcoming). > Assisted NLU] in designing its competition law curriculum. PUBLICATIONS > India Chapter in the Merger Gontrol Review (Sixth Ed), ISBN 978-1-909830-60-8 > LexisNexis Merger Control India Chapter — 2016 8 2015 > The Draft Financial Cork 2015; Rise of a SuperRegulator - Competition Law Cirque’, NLU-Jodhpur ae Edition - 2016) f Contre wander Indian Competition Law available at Y teres -com/archive/india-concept-of-control-under-the-competition-act-2002/ > Sports and Competion Law ~ The Indian Pespectze, available at hup://www.conventuslaw.com/ een » Wrote several articles for the AZB competition law monthly newslewer ~ Interalia INTERESTS& ACTIVITIES > Photography, travelling and military history > Was an avid debater and quizzer in college law school; participating in tournaments across the UK, India, Pakistan and Bangladesh > Worked with PLAN and the Uday Foundation, principally on fundraising drives. INDICATIVE LIST OF BEHAVIOURAL & MERGER CONTROL MATTERS A. Behavioural Matters ‘% Appeal before the COMPAT by Toyota Kirloskar Motors for alleged abuse of dominance and anti-competitive agreements, - Order Reserved % Proceedings before the DG and CCI on alleged bid rigging by one of India's premier industrial chemicals manufacturer - Ongoing % Abuse of dominance investigation against one of India's premier super-speciality hospital chains - Ongoing 7 3 % Leniency filing for one of the world’s premier auto-components companies - Ongoing % Appeal before the COMPAT by Solar Industries for alleged bid-rigging — COMPAT reduced the penalty by 90% Proceedings before the DG and CCI, on behalf of JSW Steel, on allegations of cartelization amongst certain steel manufacturers — Matter closed by the CCI ‘% Preparation of a complaint on behalf of a leading mukinational pharmaceutical company for alleged boycott by its distributors - Matter settled * B. Merger Control Matters * Jobrson Contras, Inc: / Theo International ple(C— 2015/02/247] Ongoing] Tianjin Tianbai / Ingam Mio, Inc (C— 2016/03/383] [Ongoing] General E learric / A lstom{C — 2015/01/24] [Form II} Dall, In / EMC Onporation (C ~ 2016/01/370] [Form I] Pfizer; Inc. / Allergen ple [C ~ 2015/12/59] [Form II] - The transaction was terminated «when the notification was at an advanced stage of review. LIC Hassing Finance / Corporation Bank / GIC/ Nomura [C- 2016/02/272] Dexcan Fine Ohoricals / Syrgenta India [C— 2016/01/369) QUA CGM / Neptuore Orient Lines [C- 2016/03/ 163] Pfizer, Inc. / Hospira, Inc (C- 2015/03/255] KR / SoftwaeONE [C- 2015/09/309] ‘Tata Capital / TVS Logistics / Drive India (C — 2015/06/286] GIC Realty / DLF [C— 2015/10/316] Abbot Laboratories / Mylan, Inc. (C- 2014 /08 / 202] TPG / Manipal Health E nterprises (C - 2014/ 12/234] Tet Consultancy Sercies A PAC / Mitsubishi Corporation (C - 2014/05/173] Kotak Mahindra / ING Vysya(C-2014/12/231] ‘Tata Capital / Standard Grease (C-2014/07/192] Birla Sun Life / ING Mutual Frond{C-2014/06/182] ‘Thomas Cook /Sterling Holiday Resorts (C-2014/02/ 153] InterGlobe A ciation / Caelton Inestrrent (C-2014/06/ 185] Tata Capital / Varroc Engineering {C-2014/02/151] COFCO/ Noble Agri [C-2014/05/ 169] KR / Gland Pharma [C-2013/ 12/145] WalMart / Bharti Vetoes (C- 2013/11/141] Ratnakar Bank / Royal Bank of Scotland[C — 2013/08/129] Baring Asia Private E quity Fund / Lafarge India (C - 2013/06/125] oo ee PEPE e roe ees 3 See o eae Reliance Indistris / ETH {C- 2012/01/22] Tech Mahinda / Satyam Oorputer Series [C— 2012/03/48] Inckpendet Mattia Tnst / Network 18 (C- 2012/03/47] Aditya Bia Nie / Pantaloon Retail C - 2012/07/69} {C - 2012/10/82] Qualeorar Incorporated / Bhunti A irtd (C-2012/05/55} Imesco Hong Kong / Religare Mutual Frond (C-2012/ 10/86] Mitsui / Saryo / Mahindra Ugine Sted (C - 2011/12/14] INDRAJEET SIRCAR Advocate, Admitted to Practice in India (D/1367/2013) E-mail - Indrajeet.sircar@live.com | Phone ~ (+91) 83760 37035 Work Experience Consultant, Cyril Amarchand Mangaldas (April 2017 ~ Present) * Member of the regulatory and policy group of the firm * Involved in outreach and advocacy efforts across policy areas, with a special focus on telecommunications and technology policy, and competition policy * Advising clients on laws applicable to the telecommunications and technology industries * Involved with regulatory litigation in thie telecommunications and energy sectors Consultant, National Institute of Public Finance and Policy (June 2016 ~ February 2017) ‘+ Worked closely with the Telecom Regulatory Authority of India on several key policy areas ~ including network neutrality, public Wi-Fi, interconnection, and tariff regulation amongst other projects + Member of the Secretariat to the Ministry of Finance Committee on Digital Payments (Ratan P. Watal ‘Committee on Digital Payments), where | was Involved in drafting the Committee's recommendations and Consequent amendments to existing payments legislation and associated regulations + Assisted the Competition Commission of India in conducting impact assessments for the SARFAESI ‘Amendment Bill Associate, AZB & Partners (May 2014 ~ May 2016) * Advised and represented clients including Google, GlaxoSmithKline, Toyota, Abbott India Limited, Lafarge, to name a few, in investigations before the Competition Commission of India, and in litigation before the Competition Appellate Tribunal * Obtained unconditional merger clearances for clients including the General Electric Company, Dell, Nokia, the Coca-Cola Company, to name a few * Routinely advised clients in relation to exclusivity covenants, discount schemes, distribution networks, and business models, from an antitrust perspective * Represented clients including Hewlett Packard, PNY Technologies, and Eastman Chemicals, before the Directorate General of Antidumping and Allied Duties, and the Directorate General (Safeguards) © Involved in advocacy and outreach efforts of the firm in matters of competition law and policy. Involved in drafting recommendations submitted to the Government of India on behalf of the International Bar Association Associate, Competition Advisory Services (May 2013 - May 2014) - Assisted Mr. Dhanendra Kumar, Chairperson, Competition Advisory Services (Former Chairperson, Competition Commission of India) in various ‘outreach and advocacy initiatives. Advised clients in relation to competition and regulatory compliances. Advocate, Chambers of Joy Basu, Sr. Adv. (May 2013 - May 2014) ~ Assisted Mr. Joy Basu in matters before the Delhi High Court, Central Administrative Tribunal, and other tribunals, on issues relating to insurance laws, ‘commercial and contractual disputes, white collar crimes, and administrative laws. Education BA, LLB - National University of Juridical Sciences, Kolkata (2013) CGPA — 3.24 (Highest attainable ~ 7) Received second and third highest attainable grades in - Intellectual Property Law, Advanced Competition Law, Entertainment and Media Law, Environmental Law, World Trade Law, Constitutional Law Extra-Curricular Affiliations: Co-Convenor, Moot Court Society (2012), Co-Convenor, Magazine Committee (2011), Associate Editor, Journal of Indian Law and Society (2010), Member, NUJS Law Review (2009) Languages, Skills and Interests Languages - English (Bilingual Proficiency), Hindi (Bilingual Proficiency), Bengali (Bilingual Proficiency), Spanish (Rudimentary) Skills and Interests -1 am comfortable working with a variety of proprietary and open source document and database preparation and management software. | have a working knowledge of LaTeX, HTML, CSS. | take a keen interest in music and play a variety of musical instruments. | enjoy painting and graphic design. | am a culinary enthusiast, and Sundays are typically spent cooking, [National University of Juriial Scienes Joby 21 — 23, 2017 INDICATIVE CREDIT COURSE STRUCTURE ‘The single credit course would be spread over 14-17 hours in three days, in sessions lasting between 4 hours to 6 hours per day. Each session may also be divided into two sub-sessions with a short break in between. The two tutors are Rahul Satyan & Indrajeet Sircar. The indicative list of topics to be covered on each day are as below. ‘Tutor 1. | Introduction 30 mins 1S + Historyand overview of competition law globally ‘ Institutional framework && evolution of Indian competition law : > Background to the enactment and implementation of the Competition Act 2. | Anaicompetitice Agreements - Cartel TS hous | RS “First principles & decisional practice + Case Stud: Cement Cartel, Tyre Cartel +b Subsidiary tpi — Joint venture exemption, single | economic entity, rade associations & unions (Bengal Artists case) 3. | Sports and Competition Law 30 mins 1S WV 4 The case of sporting leagues “> Pyramid structure of sporting regulations & Case stud Hockey India, BOC], American Needle, NCAA 4. | Leniency Policy 30 mins RS | Purpose and scope of leniency polices across the world &in India 4 Indian perspective & decisional practice - DC Brushless fans case 3, | Anti-competitive Agreements ~ Vertical Restraints TShouws [1S Fint principles ‘Thresholds and Decisional practice AAEC- Standard IPR Exemption Case Study: Autoparts case eeeee Day 2-22 July 2017 6. | Abuse of dominant position TShous | RS “ Firt principles — relevant markets, dominance, and abuse © Case Study— DLE, Autoparts 4 Subsidiary Topic ~ Sham litigation (JCB Case) 7. | Intellectual Property & Competition Law Thour RS ‘ IPR/ Competition Law ~ any real dichotomy? 4 Standard essential patents — principles and global regime National University of Juridica Scienas Jidby 21 23, 2017 “ _FRAND Disputes before OCI and Delhi High Court eR Compartir Lae B mins ig + Relationship between competition and innovation Case Study: Ola, Uber, AirBnB, Reliance Jio 9. | Network and Platform Competition Thour 18 ‘ Competition in markets characterised by network W effects z + Public utility doctrines + Competition in platform (two-sided) markets 10. | Innowation Entrepreneurship & Competition ® mins 18 ‘Effects of funding and capital creation strategies for ‘new entrants 4 Discount &¢ loyalty schemes Zero pricing markets Day 323 July 2017 TI. | The Indian Merger Control Regime Thows RS/IS 4 Salient features — suspensory regime, thresholds 8 exemptions |// % Procedural aspects — fling trigger &¢ assessment deadlines 4 Issues — control, merger remedies 4 Case Studies — Jer/E thad Lafire/Halcim 12, | Oligopolies, Strategic decision-making and Game Theory |1Shours | RS ‘Dominant Strategies Nash Equilibrium amongst oligopoly players © Indicative game simulations [this is an interactive element) 13. | Assessment Module: Shours ‘RS/IS @ At the end of the first day, a mock problem will be given out for the students to prepare a one page bullet point response to. ‘In the akemate, there will be a 50 mark quiz, plus on- the-spot grading 14. | Q&A Session WA RSIS Careers in competition law and Policy

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