Antitrust Advisory Services Private and confidential 2020
Forensic
Overview The consistent changes in the economic and regulatory landscape, aggressive enforcement strategies, and unforeseen penalties and judgements (passed by antitrust regulators worldwide) imply the growing need for businesses to prepare and be aware of the implications of their market conduct. Today, various business practices appear to be harmless. However, these practices may not comply with the provisions of the Competition Act, 2002 (the Act). The consequences of non-compliance may entail imposition of hefty penalties, director’s disqualification, and/or loss of business opportunities among others by the Competition Commission of India (the CCI).
Diverse competition concerns Client’s situations where we may assist:
Suffering damages due to abusive conduct in the marketplace?
Being investigated for alleged abusive conduct and can benefit from economic defense in addition to legal defense?
Wanting to institute a robust compliance program to mitigate risks?
Looking for assistance during the event of a dawn raid?
Looking into proactive review and discovery of internal documents
COMPLIANCE
Accused of cartel activity along with competitors in the industry?
Considering entering into mergers, acquisitions, amalgamations or joint venture?
M&A
CONDUCT
Facing market abuse because of conduct of a market player and may require economic evidence to substantiate your case?
Concerned about employees’ conduct that may intentionally or unintentionally be in contravention of the Act
Our assessment framework How can we help ? Horizontal agreements
Vertical agreements/ unilateral conduct
E-discovery
Combinations
Economic analysis survey/market intelligence
• Assist clients in gathering evidence in a limited time frame. • Use Deloitte discovery tools to support data collection, processing, hosting, and production. • Undertake review to identify potential red flags.
• Undertake detailed market assessment studies involving primary and secondary research to assist with the following: – Market definition exercise – Estimation of market size and concentration – Assessment of market power and dominance of players • Assess the form of conduct and impact on competition Appreciable Adverse Effect on Competition (AAEC) • Combinations/ M&A deal situations – Advise on the suitability of the form : Form I or Form II. – Undertake market definition and market structure analysis to determine the likelihood of AAEC.
Compliance
Compliance • Compliance manual: Assist in design and execution of a competition compliance. • Compliance audit: Conduct periodic review of contracts, practices, and other procedures to assess risk from an antitrust perspective. • Dawn raids: Advise businesses on the protocols to observe during such raids.
Our solutions at a glance Our antitrust team is a part of the wider forensic and dispute services team within Deloitte. We work closely with lawyers and clients, using our diverse services, to provide a tailor-made solution and address competition-related concerns.
Competition economics Assist in litigation matters dealing with agreements (horizontal and/or vertical) between parties, unilateral business conduct that may fall foul of the Competition Act, 2002.
Damage computation and expert witness Assist in damage computation due to competition law infringement(s), and act as an expert witness to testify on a range of business and financial matters.
Combination advisory Conduct antitrust due diligence on targets to assess non-compliance risks, and also conduct economic analysis for mandatory filing to the CCI in M&A deal situations.
Compliance Assist in design and execution of a competition compliance programme in addition to monitoring compliance and conducting due diligence on targets.
Investigation and E-discovery Assist in evidence gathering using Deloitte discovery tools to support data collection, processing, hosting, and review.
Dawn raids Advise businesses on the protocols to observe during such raids, and conduct mock drills, trainings, etc., to manage and handle dawn raids.
Contacts Nikhil Bedi Partner and Leader Forensic – Financial Advisory Deloitte India nikhilbedi@deloitte.com
Amit Bansal Partner - Forensic Financial Advisory Deloitte India amitbansal@deloitte.com
Adrija Sengupta Associate Director - Forensic Financial Advisory Deloitte India adrsengupta@deloitte.com
Shruti Gupta Associate Director - Forensic Financial Advisory Deloitte India shrutigupta@deloitte.com
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