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 – 12/13/07 1

Section of International Law A Presentation to ABA International Asia/Pacific Antitrust Round-Up (India) – Snehal Patil – 12/13/07 2

3 Presentation 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 Snapshot Purpose What is regulated? Who regulates? How regulated? The MRTP experience

5 Competition Act – An Overview What is regulated? Anti-competitive agreements Abuse of dominant position Regulation of combinations

6 Competition Act – An Overview Anti-competitive agreements What is prohibited? What constitutes “appreciable adverse effect on competition”? Agreements presumed to be anti-competitive Exceptions?

7 Competition Act – An Overview Abuse of dominant position What is prohibited? What constitutes “dominant position”? Does it apply to group companies? Exceptions?

8 Competition Act – An Overview Regulation of combinations What is prohibited? Reporting thresholds Reporting period – triggering event Waiting period Exceptions?

9 Competition Act – An Overview Who regulates? Competition Commission of India (CCI) Director General, CCI Competition Appellate Tribunal Final appeal – Supreme Court of India

10 Competition Act – An Overview Competition Commission of India (CCI) Inquiries by CCI Reference to/by CCI Procedure Powers Penalties Who may appear?

11 Competition Act – An Overview Competition Appellate Tribunal When? Procedure Powers Who may appear?

12 Competition Act – An Overview Final Appeal – Supreme Court of India When? Procedure Powers Who may appear?

13 Competition Act – Lacunae De minimis nexus Waiting period Notification timing Notification format Any other?

14 What next? Transitional provisions Implementing regulations ABA and IBA action Feedback from India Next steps?

15 B 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. 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 Patil Thelen Reid Brown Raysman & Steiner Snehal Patil Thelen Reid Brown Raysman & Steiner 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)