Super Lawyer

Tag: Business Law

  • The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please share with us how you initially became interested in the field of law and what led you to pursue it as a career?

    I became interested in the field of law because of my father. He is a litigation lawyer on the civil side. In his prime, he was one of the leading lawyers in the city (Jalandhar, Punjab). When I was young, I was always in awe of his legal practice. I grew up in an environment where his office and our residence would be bustling with clients, lawyers, clerks and stenographers. I liked the busy life of a litigation lawyer where clients from all backgrounds with diverse problems came to explore solutions to their problems. 

    I realized that the core of the legal profession is problem solving and I started getting interested in the field of law, with the higher objective of contributing to the justice delivery system. Now after being a part of this system for more than 10 years, I can easily say that law is an empowering profession that has the ability to bring actual change in people’s lives. 

    Could you tell us about your educational background and the significance of your LL.M. in Competition Law and Market Regulation from the National Law University, Delhi?

    I did B.A.LL.B (Hons.) from Panjab University, Chandigarh. Thereafter I proceeded to join my father in his litigation practice and learnt how to apply and practice law from the ground level. This phase in my life was the building block of my journey as a lawyer. I represented clients in all kinds of civil disputes that included possession disputes, matrimonial disputes, eviction matters, injunction suits, testamentary and succession disputes etc. For a period of three years I was also empanelled by the District Legal Services Authority which allowed me to represent the unrepresented in criminal trials. I was fortunate to get an opportunity to appear in criminal matters ranging from petty theft offences to murder trials. 

    However, after practising for 5 years, I wanted to move from private party litigation before District Courts to litigation that would be significant at the national level. In 2015, National Law University, Delhi came up with a new LL.M. specialization in Competition Law and Market Regulation, in addition to its usual LL.M. in Public Law. I thought specialization in a new and upcoming stream of law, even though the Competition Act was enforced in 2009, would allow me to garner new skills and help me in my endeavour to contribute to the legal system at the national level.  

    My LL.M in Competition Law and Market Regulation was interesting and fulfilling academically. Throughout my studies I realised the prime importance of my tenure as a litigating lawyer, for it was that experience which enabled me to understand competition law in application and not just theoretically. I also realized the difference in the attitude of institutions and students between State Universities like Panjab University and NLUs (at least the one I attended). In Panjab University the institution and students were primarily focussed on making a career in the judiciary or other government services. I must add that I too appeared for judicial exams in Delhi but could never go beyond the mains stage. Moreover, in Panjab University the focus was only on traditional subjects and new laws like Competition law, Insolvency and Bankruptcy etc were hardly included in the curriculum. At NLU Delhi, I witnessed students exploring different subjects and careers after graduation or LL.M. The teaching methodology and student assignments were also different at NLU Delhi in comparison to Panjab University. Another difference between traditional universities and law universities is the opportunity to interact with students from different faculties and departments. Traditional universities like PU allow students pursuing different subjects like law, arts, science etc to interact and associate. Moreover student unions are stronger and student body elections are significantly more important here.  

    Significance of the time spent in both the universities has been immense not just in the profession but in life. I made some lovely friends and even met my wife while studying at NLU, Delhi. 

    As someone who is qualified by both the Bar Council of India and the Law Society of Ontario, Canada, could you discuss the similarities and differences between practicing law in India and Canada?

    I have qualified for the bar in Ontario, Canada but have not practiced there. However, I can comment based on the qualifying examination I cleared and the requirements I need to fulfil to continue my license. I think the profession in Canada is regulated in a much better way than in India. To start with, the qualifying exams (barrister and solicitor) which everyone is required to clear to qualify as a lawyer is more challenging than the All India Bar Examination conducted in India. The exams are framed in a manner that tests the candidates on ethical and professional responsibilities, as well as legal knowledge. 

    Even after qualifying as a lawyer, all lawyers are required to complete several requirements like submitting annual reports, continuous legal training (Continuous Professional Development) etc, failing which lawyers are suspended from practice. These details are also published on the website for the general public to know. Overall the system aims to protect clients from unethical practices and rules and regulations are implemented better in comparison to India. 

    What are some of the challenges you faced while representing clients in antitrust-related matters before the Competition Commission of India and the courts? How did you overcome those challenges?

    Proceedings against these clients are pending either before the Competition Commission of India (CCI) or in appeal stage, so I’ll not be able to state much. However, I can say that antitrust proceedings in India are often based on perceptions and projections. Most of the times the prima facie view formed by the CCI before directing investigation is followed by the office of the Director General (DG) and again upheld by the CCI at the time of passing final orders. CCI often follows the market defined by foreign regulators in similar industries and is often not willing to adapt the market definition to Indian realities. I must add that lawyers also depend and rely on international jurisprudence to support or defend their cases. Despite the wide powers granted to the CCI to impose high penalties and dictate business decisions, the responsibility to establish contravention through evidence is quite low. The lack of transparency in CCI proceedings can also be a cause of annoyance at times. 

    Since the facts and proceedings are often complex, the Appellate Authorities also refrain from interfering in the primary questions of ‘definition of relevant markets’ and ‘market power enjoyed by parties.’ Although appeals have been allowed against CCI Orders but most of them have been allowed on procedural grounds.  Appeals on many important issues are pending before the Supreme Court. Though we are part of the system and are equally responsible for the delays in final adjudication of appeals, we try our best to be ready to meaningfully assist the Courts in deciding these important issues.  

    Apart from your work with P&A Law Offices, you have also served as a Senior Associate at the Competition Commission of India. Can you share your experience there and the role you played in analyzing merger notifications and investigating alleged anticompetitive practices?

    My tenure at CCI has played a vital role in my career. After finishing LL.M. I wanted to work at the CCI to understand its functioning. Unlike Courts, CCI has a very good setup where the Members are assisted by experts from legal, economics, accountancy and other fields. In fact, the decisions passed by the CCI are guided by the analysis and assessment done by these experts. Further, there are different divisions for merger control, antitrust enforcement, legal proceedings that include initiating and defending by CCI, economics, investigation etc. I was fortunate to have worked in different divisions. During my tenure I worked in the investigation divisions where we assessed and analysed cartels, anti-competitive vertical agreements and abuse of dominance related complaints. In fact the resale price maintenance case against Maruti originated from an anonymous complaint analysed by the investigation division. 

    The combination division dealing with merger control required me to collaborate more with counsels appearing on behalf of merging parties. CCI has a pro-business approach in merger control, however the division ensures that all combinations are notified as per the regulation and then vigorously pursues combinations where it is able to identify a harm arising out of the combination.  

    In addition to these divisions, I was attached to the office of one of the Members of CCI, where I was required to brief on matters from all divisions. 

    Lastly,  what advice would you like to give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis. Young professionals should be willing to explore and learn different practices. I think law firms are exerting unwarranted pressure on young professionals to persist with only one field and the industry is needlessly focussing on specialisation. In fact even in a particular field, firms are demanding lawyers to be super specialized. For instance in Competition Law, lawyers are being categorized as enforcement specialists or merger control specialists. Specialisation or super specialisation is fine and may even be essential in the long run, especially in law firms, but fresh law graduates should be encouraged to develop skills and gain knowledge of different fields of law. 

    The core principles in law are the same across all fields and most of law is based on common sense. This is the reason why most senior counsels are able to represent clients across all fields of law. However, the industry and recruiters are not always willing to embrace young professionals who don’t specialize in one subject at the beginning of their careers. I can easily say from my own experience that all my different experiences, be it original side litigation, legal officer at an insurance company, association with CCI, competition law counsel at a law firm, have played an important role in understanding the legal system better and in practical application of different laws.  

    Get in touch with Rajat Moudgil-

  • Bhavana Chandak- Associate at Kachwaha & Partners, Delhi, also volunteering as an Additional Director of Philanthropy at CAN Foundation

    Bhavana Chandak- Associate at Kachwaha & Partners, Delhi, also volunteering as an Additional Director of Philanthropy at CAN Foundation

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    You participated in a few National Rowing Championships and secured a great position. What made you choose law over sports? 

    Rowing till date is very close to my heart and I will never forget the days where it was rain or shine we would go down to the jetty and race against others. My passion kept me in the sport and I won the gold medal at the National Championships more than once. I loved my journey as a rower but at the same time, I was not keen on making it my full-time profession. In the penultimate years of school, I decided to pursue law. The prospect of being a lawyer and having a voice in a society wherein I could defend myself lured me to choose law as a career. 

    Do you think that participating in National MUN, National Parliamentary Debate, or National Moot Court Competition helps in real litigation or legal fields?

    Any form of extra-curricular, be it MUN, parliamentary debates or Moots plays an important part in one’s journey in law school.    A MUN gives you exposure to a pre-prepared competition in international diplomacy whereas a Parliamentary Debate teaches you to be quick on your feet and cull out the most interesting arguments in a short span. While the former is a well-rehearsed and researched competition the latter is dependent on your knowledge. Both these competitions are extremely fun, but I would prefer a Parliamentary Debate, because of the adrenaline rush. They help hone your public speaking skills. 

    Moot Court Competitions for sure help you in real-life litigation because they are the closest experience to a courtroom during law school. You learn how to draft issues, present arguments, learn court demeanor, and understand the courtroom. You may participate as a researcher or a speaker, but in either role, you understand the basics of real-life litigation, which you can then build upon once you’re a professional. For instance, when I took part in Mediation at the Symbiosis ADR Competition, I found one of my interest areas in law and when I won the third best memorial at the Philip C. Jessup, I learned how to deal with multi-dimensional issues, court craft, and drafting. I cherish all my participation and accolades in Moot Court Competitions because they have helped me grow as a student of law. 

    Should one always intern under the same Advocate/firm or explore new places with time? What will be best for a law student to establish his/her career in law? 

    Internships are without a doubt a vital part of law school which helps you find your passion and interest areas. Having said that, it is implied that one should explore through in their nascent years, say up to your 3rd year by working at different places. By interning at different places, one is exposed to different laws, working environments, projects. For example, in my first three years, I worked with NGOs, State Commission, a boutique family law firm in Bangalore, a Calcutta High Court Advocate specializing in company law matters, Sr. Advocate Siddharth Luthra specializing in criminal law. In those years I learned how different Courts operate and got a macro understanding of various laws and practices. On the way, through my internship with the Disputes team at Khaitan & Co., I found my interest in arbitration. 

    Then in my last two years, I streamlined my internship opportunities at the Disputes team of various law firms, like Nishith Desai Associates, Dua Associates. In my final year, I was looking to intern with a law firm for the long run or do repeat internships to secure a job. Since I already knew by then that I wanted to practice arbitrations I applied for an internship at Kachwaha and Partners. Once I completed that, I received my assessment internship at the firm for two months and then I was offered a PPO in my last semester. 

    My only reason to lay down my journey so far is to depict that one should not lay their eggs in the same basket. If you are trying to find your interest then explore your options, after a while streamline your internships and then choose what fits you the best. 

    You are dealing with national and international arbitration matters. How do you feel about it?

    I am fortunate that Kachwaha & Partners has allowed me to work on multiple high stake arbitrations. The experience has been exhilarating so far! I have for a year working on both ad hoc and institutional arbitrations on an array of topics. I feel humbled that I have worked so early in my profession, worked on such big-ticket matters, and attained knowledge about the intricacies of the profession. All in all, I would say that I have had a great kick start to my journey in the field of arbitration and undoubtedly it will go a long way in the profession. 

    Could you please tell us about your role in the CAN Foundation? How has your experience with the Foundation been until now? 

    Before I get into the specific role, I’d like to tell you a little about our work. At the Foundation, we support law students at various National Law Universities to complete their academic courses and freshers as well. I work there in the capacity of Additional Director of Philanthropy. My main role is to secure as much financial support we can to help out our applicants. Over the past few months, I have worked closely with Siddharth Sir (the CEO of the Foundation) and spearheaded the fundraising campaign for our flagship program Eklayva (wherein we provide scholarships to financially distressed law students). One would expect it to be a fairly simple task, but over almost three months, my team had approached approximately 400 potential donors daily to raise funds. 

    Being involved in fundraising at such a big scale has made me more humble and conscious of my privilege. While perusing through the applications, the obstacles which students have faced, the backgrounds they hail from, their stories, can shake a person to their core. It is honestly a fulfilling task to see that our hard work over the past few months has led to awarding of scholarships to so many students in need. 

    We have an audience that is interested in legal writing. Could you tell them how to utilize their interest in shaping their career?

    Legal writing is undoubtedly a very important part of our profession, and it is a skill best developed if started early. The beauty of legal writing is that firstly, it provides you with a holistic understanding of the topic one is writing on, and secondly, it improves your drafting skills. I would advise interested students to try and pen one article each semester. This would not even put a lot of pressure on the student or hamper their extracurriculars. It is important to mention that, it is not necessary to write your articles on the same law, but rather you can choose to diversify depending on the current topic of relevance and interest. For example, I have written on niche topics in arbitration, and alongside have written pieces on environmental law, human rights law, etc. The tricky bit while writing is not penning down the article but rather choosing a good platform to publish it. One should choose a forum of repute while sending in their manuscript for publication; only then will the publication be of relevance in the long run. 

    You are a young established legal professional. What is your success mantra?

    Thank you for your kind words, but I think I am too young in the profession to be called established. However, the only mantra I abide by is to learn something new every day, however inconsequential it may seem. It may so happen that the task you are allotted might be small but only if your basics are coherent can one build a strong empire. I would also like to say that it is important to not rush in the journey because it is a marathon, not a sprint. You need to perform every day and be a better version of yourself as compared to yesterday.  

    What career tips do you want to give to our readers? 

    The only career tip I would like to give everyone who is reading this is to do their tasks diligently. There is no shortcut to hard work. So if you put in your hours and apply yourself to the task you are working on and be patient, there is absolutely nothing stopping you from attaining success in the field of your choice. 

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