Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?
I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.
What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?
As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.
Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?
I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.
In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?
I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.
As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?
I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.
Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?
I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.
In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?
I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.
Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?
I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.
What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?
I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.
Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?
It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?
Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.
Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.
You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?
I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.
I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.
TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.
By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.
The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.
As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interestingexperiences and outcomes?
It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.
One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.
This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging. However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.
Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?
Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.
There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.
Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.
You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?
This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.
So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.
You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?
This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.
Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.
Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.
What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?
As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.
What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.
What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?
I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.
Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?
That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.
While pursuing your graduation from NLIU, Bhopal, you interned with several corporate law firms, including Dua Associates, Singhania and Co LLP etc. Can you tell our readers about your time at law school and foundational years?
I had my initial schooling in my home state of Assam. I have been blessed with amazing and supportive teachers throughout my life. They have had a profound impact on me. One of the early lessons I learnt was – there’s no substitute for hard work. And that always push your limits, when working on your goals. Following on this, in law school (both at undergraduate and master’s level), I strived to participate in every event and do all that I could.
I pursued a 5-year B.A, LL. B course from BMS College of Law, Bengaluru between 2003 and 2008. My college had some of the best teachers I have come across. They ensured our basics are strong. At college, I served as cultural secretary for four years and organised events of all sorts; participated in moots and co-curricular activities like debates inside and outside the college; wrote; and was amongst the top students of the class. Simultaneously with the LLB course, I successfully completed a one-year programme on Intellectual Property Rights Law from National Law School of India University, Bengaluru (NLSIU). During this time, I discovered what a treasure the NLSIU’s library was. From then on, I was at the NLSIU library atleast two days every week. From seventh semester, I interned with a litigation firm for about 8 months to learn more about how the law works on the ground. I would work at their offices after college hours till late in the night. In my tenth semester, I decided to pursue a master degree in law. In law school, I was lucky to make some good friends for life.
At National Law Institute University, Bhopal (NLIU) too, I was amongst the top students of my LL.M (Business Laws) batch, served as Secretary of an active cell called Centre for Business and Corporate Laws, served the LL.M placement committee for most part of the 2-year course, organised conferences including an international conference, participated in events and wrote papers. I also pursued a few certificate courses on the side. During vacations, I would intern with law firms in the metros.
At home, we generally lead a sheltered life, all our needs are taken care of. It is only when you step out to live alone you realise what a blessing your parents and family are. In Bengaluru, I chose to share a house with friends. There I had to manage my house and related paraphernalia, but I could also set my own timetable, travel around the city and could have interests and friends outside college. At NLIU, I pursued a residential course. The two lives were pretty distinct. At NLIU, I could devote more time to academics. Because the university was some distance away from Bhopal city, having interests outside the college or visiting the city were a challenge. Both lives taught me a lot. One common lesson I learnt was – your goals should matter more than your distractions. We live far away from our families. This itself is a huge sacrifice not just for us but for our families too. We need to make every day count.
Post your graduation, you joined M/s Corporate Lexport as a Junior Associate. Could you summarize your company journey and tell us some of the essential values your first job instilled in you?
I had joined Lexport after an internship with them, so I was familiar with the culture and people there. Even though I had joined the firm as a corporate associate, the firm’s founder and managing partner Mr. Srinivas Kotni gave me litigation work too, given my interest. He was always eager for new and challenging work. We probably drafted the first application in India under the prepaid payment instruments’ regulations. We studied what other jurisdictions were dealing with similar instruments, tried understanding the technology these instruments were using and generally did everything in our power to best serve our client. It was a great experience. I also drafted an SLP for an indirect tax matter within the first 6 months of joining. Professionally, my journey with the firm was enriching.
The first year and the first job for most professionals entails a steep learning curve. Mine was no different. I would say many of the lessons I learnt till then have held me in good stead even now. For example – one needs to be a lifelong learner if one wants serve their clients and the profession well. If we do the small things well, bigger things would come to us. We all make mistakes but how open we are to rectify our mistakes is the key. These days, people do not accept their mistakes. It is important that we do. It is also equally important to not beat ourselves with it, instead find a solution. A good leader and boss would also value associates who accept their mistakes and bring a viable solution on the table.
Post your time at Corporate Lexport, you went on to work as a consultant in OSC Services and simultaneously joined as a guest faculty with the business law course at IMT Ghaziabad. What prompted the shift towards the academic side, and what was your mantra as a teacher while coaching students?
I have always loved teaching. One of the reasons for pursuing an LL.M was to be able to teach. Also, in most jurisdictions, especially the western ones, you would find the best lawyers spending a part of their time in academia. In India too, you can find some of our best lawyers teaching as guest faculty in various institutions.
I have always felt that to be good at the legal profession, one needs to invest time in academia too. Also, it is important to share what we have learnt with the next generation. This is how human civilization has progressed. At IMT Ghaziabad, I taught two courses – Business Laws and Economics. More than the students, I would say I have learnt from them. After IMT also, I have had the opportunity to share my knowledge with students. My mantra while teaching has been to make the classes interactive and interesting.
You joined the Competition Commission of India (CCI) as an expert, part of the combinations team. You also drafted policy documents while working at CCI. Could you tell us some policies you were passionate about and what changes you feel are necessary when evaluating companies entering into combinations?
When I had joined CCI in 2013, combination regulations were still at a nascent stage. The substantive sections on combination regulation, i.e., sections 5 and 6 of the Competition Act, 2002 were notified in June 2011. The principal subordinate legislation on combination regulation – The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 – was notified in May 2011. So, there was a lot that could be done. I was pretty excited about the opportunity, after all how often do fairly newbie lawyers get a chance to create jurisprudence.
At CCI, I had the opportunity to work with an amazing team. I particularly learned a lot from Mr.Kapil Aggarwal, Mr. Shyamal Misra and Ms. Archana Goel Gulati. We wrote papers on various topics including non-compete. We also introduced the concept of material influence within the meaning of control. In terms of procedure and practice, we for the first time collaborated with another jurisdiction on a matter. We also called for information from third parties in Phase I when we found the information furnished by parties to be inadequate. Inter alia, we created internal procedures for Phase II cases, given they are time sensitive.
For a law to attain its purpose, it is imperative that the law is enforced and the defaulter penalised. Competition Law is a welfare legislation. In a free market economy, it is essential that there is a level playing field and that consumer interest is protected, this is where competition law comes in. For me therefore the most satisfying part was working on unreported transactions, where we successfully initiated penalty proceedings against the defaulting parties before the Commission. I am happy to share that the ratios laid down in our cases are still good law.
Having had an impressive stint at the CCI, you went on to become a legal consultant at Fedders Lloyd Corporation Ltd., where you handled all legal matters for the group. How was your role different as compared to in-house counsel?
I joined Fedders as head of their non-lit function. My role I would say was a mix of – rendering opinions (to the management of the group companies), negotiating agreements along with business heads with external parties and seeing to it that the legal advice the Group received and agreements it entered were worked on the ground. I was also entrusted to handle the group’s antitrust cases. So, I wouldn’t say my role was different from that of a typical in-house counsel. I understand that in-house counsels these days handle company affairs’ just as law firm lawyers do. These days, I feel in-house counsels need better business acumen and personality management skills.
Continuing your love for competition law, you joined CCI again as their resource person for Competition law advocacy, following which you joined Samvad Partners in their Competition law team. How would you advise a younger set of lawyers/law students who want to venture into the said niche?
Here, I would like to correct you. The role of Resource Person with CCI was concurrent with my role with Samvad. There was no conflict between the two roles.
Not as an advice but more as life learnings – please read not just Competition Law of India but also allied laws like Contracts and Companies Act. SEBI is an older regulator in India and I would say amongst the more successful ones too. SEBI’s discussion papers and orders can help you understand how an economic regulator ‘thinks’. Further, since Competition Act, 2002 is pretty new, one needs to regularly read about how the EU and the US are dealing with competition cases there. Also, because India is an OECD member state, ideally one should keep oneself abreast of OECD round tables and discussions.
You were a part of the Competition team at Samvad, where you came up the ranks from an Associate to a Senior Associate. Considering the attrition rate at Tier-1 law firms is so high, what would be your suggestions to young associates on surviving the pressure and climbing the ranks?
Actually, I was legal head of Fedders Lloyd group for its non-lit function. It may sound very cliché but to be honest so far in my life I haven’t really cared much about positions. Probably because of my family of entrepreneurs. I have always felt that a person makes the position rather than the other way round. In every walk of life, you would find that people who are good at what they do, command respect. In 2016, I had joined Samvad’s Mumbai office because of the work I could do there. Samvad’s Mumbai partner Ms. Vineetha MG is amongst the best lawyers I have worked with so far. Amazing work ethic, self-made and a good human being. I am glad I chose to work with her.
If I were to advise young lawyers, I would say – (a) Do your work to the best of your abilities. In the long run – your work is all that matters. (b) Network and collaborate. Look for shared goals rather than points of disagreement. (c) If you want to be successful, do not run after big names. Instead look for people you would be happy working with, people who you can learn from. If you find a toxic workplace, just run! Our profession is all our mental ability and strength. No amount of money can compensate for mental trauma.
Being head of Antitrust Compliance at Flipkart Internet Pvt. Ltd. What do you believe will be the significant competition concerns in the online world a few years from now, considering we have multiple businesses for the same area being introduced daily?
Worldwide, e-commerce is growing at a rapid pace. The pandemic has only quickened its pace. The digital economy, unlike the traditional economy, is largely managed by algorithms. With the growth and development of artificial intelligence, I would think human intervention in creating these algorithms would lessen as we go along the path. Regulators worldwide are already grappling with newer challenges posed by constituents of the digital economy – for example, in merger regulation, we are still debating how to value e-enterprises when their revenues are in the negative, and their assets, as we understand in the traditional sense, are way lesser when compared with a traditional business wielding as much market power. Given network effects, an e-commerce enterprise with a considerable subscriber base can fairly easily expand in other markets. E-commerce giants entering payments or established e-commerce enterprises venturing into music streaming and reading devices are cases on point. This benefit may not be as readily available to new enterprises. In India also, we have had a number of cases where the aggrieved parties found fault with actual/potential vertical integration of e-commerce players. Also, it is being argued that collusion in the digital space is easier than amongst traditional businesses. Among e-commerce players, finding or proving concerted action is difficult, mainly because not every competition regulator is equipped to deal with such issues in terms of technological knowhow. Also, many a times what may appear to be concerted action can just be innocent parallel behaviour arising out of algorithms. The other concern would be how to ensure a playing level field qua information or data of consumers. The privacy concerns per se hopefully would be taken care of by separate privacy legislations.
Few know that you have cleared the NET exam and are a Six Sigma Yellow belt holder and a Tax Return Preparer. How did you manage to do all this while being entangled with so much work? What would be your advice on managing work and also continue following the process of learning?
Like I said before, if one wants to serve their clients well, there is no escape from constant learning. I have always enjoyed and loved the profession of law. But in the humdrum of everyday life, many a times we lose focus of our life goals or why we took up the legal profession in the first place. I feel it is nice to reboot sometimes. Also, I feel we shouldn’t wait for retirement to do things we like apart from our profession. So, I consciously make an effort to take breaks of a month or longer every few years, just to explore life. For example, in 2012 I was on a two-month long sabbatical when I took up the Income Tax Department’s TRPS programme and appeared for UGC-NET. These breaks have helped me immensely not just to add to my academic credentials, but also to rejuvenate and reconnect with my roots.
From 2010, you have been associated with Xomidhan as a subject matter expert/counsellor for law, a not-for-profit organization providing career counselling to students of the North East. What advice do you instil in students generally for a successful career in law, and what would be your three most important lessons for any student to follow?
For your readers’ benefit, Xomidhan is a not-for-profit social enterprise which has been providing free career counselling online through a 300+ strong army of subject matter experts. Everyone at Xomidhan works pro bono. Given north-east suffers from information deficit, relatively speaking, we focus mainly on the north-east. Also, since most of us are from the north-east, it helps us to cater to the audience there better. Xomidhan has received multiple recognitions for its services.
At Xomidhan, there has been a massive change in the kind of questions we receive on law as a career stream. In 2010, for example, people would ask if a career in law could sustain them financially. Now the questions are mostly on which law stream they should choose or scope of dual specialisations. Our constant advice through this change has been – work hard, read and like what you do.
You have set up Bondhu, an EdTech social enterprise aiming to provide entrepreneurial opportunities to individuals of the northeast region of India. How this noble idea was conceived in the middle of a pandemic?
Before I answer your question, let me tell you something about myself. I come from a traditional Marwari business family of Upper Assam. I spent the first 10 years of my life in a sprawling joint family home in a small town of Assam called Naharkatia. During those days, connectivity to the outside world was limited. We had little to no cable television. Even newspapers would reach us two days after the date of publication (newspapers like Economic Times would reach us after a week). Our region would suffer from natural and man-made calamities often. Innovation was limited. Our natural resources mostly remained untapped. Apart from tea and timber, we weren’t exporting much outside the region. Even though Assam and the Northeast have changed for the better in the last two decades, the region is a long way away from attaining its full potential. Working with Xomidhan made me realise that our region needs entrepreneurship where home grown entrepreneurs find local solutions for local problems and take the region’s unique offerings to the world. For example, Himalayan turmeric grown in our region has double the amount of curcumin found in other varieties of turmeric. We have a wide variety of indigenous orchids. Most of the north-east is scenic. Bird treks, hills treks, nature walks, adventure sports and training have huge tourism potential. However, entrepreneurship is the last option for most from our region still. I always thought this needs to change but didn’t know how. Opportunity with NSRCEL, IIM-B last year gave a more concrete shape to it. Inter alia, I learnt how to do market research, find solutions, and design the whole process. I also got a huge network of friends as a bonus, which helped me hone my idea even more.
Speaking about Bondhu, what are the goals you intend to fulfil in the next year and how do you see the organization growing over the next few years?
As I was saying before, most people from the northeast think, plan and aim only for jobs. From surveys, we found that people wish to explore entrepreneurship but are stopped mostly by lack of knowledge or knowhow. We at Bondhu want to bridge this gap through education, mentoring and funding support, in that order. We understand that not everyone can be an entrepreneur but after the NSRCEL stint I can say with confidence that an entrepreneurial attitude is necessary to succeed even in a typical job.
For education, we have designed an online weekend-only course to equip participants with necessary know-how to be entrepreneurs. Some of the areas we would be covering are design thinking, how to identify, formulate and solve problems, social media marketing, hiring, basic accounting, pricing strategies, certain soft skills, etc. The programme would be open to all irrespective of domicile. It would be delivered by teachers from premier institutions, successful entrepreneurs and experienced trainers. We would also have scholarships for deserving participants. All the participants, subject to certain conditions, would be eligible to receive mentoring support. They can also pitch to investors through Bondhu for funding support in the future. We plan to launch this programme early next year. At present, we are looking for partnerships to increase the programme’s reach.
Separately, we are also collaborating with incubators countrywide to provide legal services to their incubatees.
In the next 5 years, we want to help develop a crop of entrepreneurs who could take our region and the country forward. In the next two years, we aim to partner with state run incubation centres, where the skills of our participants can be further honed, and they receive state funding to take their ventures forward. In short, I hope Bondhu can help change the entrepreneurship landscape on the ground for the better. So that, no good idea remains buried.
Your journey will inspire our readers to explore new ventures in their careers; can you tell our readers how you bravely pursued various disciplines and not let fear of change hold you back?
Fear is natural. But invariably majority of our fears are unfounded. Personally speaking, I try doing a SWOT (Strength, Weakness, Opportunity, Threat) analysis before venturing into something new. What is the best that can happen and what is the risk-reward ratio? What would it take to be successful? I also try to evaluate what is the worst that can happen if things don’t go as planned. After all, even the best laid plans can fail. Am I ready to face the worst?
For example, in my present role, I have learnt a lot about handling people and emotions, pitching and identifying opportunities. I am sure these learnings would help me in any future role I may take up. So, actually there is very little to lose. I think it also helps because I am okay to start from scratch if required. Probably I will do better the next time.
Any new path presents newer opportunities and challenges every day. It can teach you much more than any academic course in the world. Change is always scary in the beginning. Unless you are happy with status quo, I would think it is important to take calculated risks. One common mistake we make is – we are more concerned with others would think rather than our gut feeling. Don’t take yourself too seriously. No one is thinking of you as much as you think they are. Its okay to fail sometimes. But it is not okay to not try because of fear of failure. In the worst case, even if you were to fail, you would know what not to do, next time.
