Competition questions can arise in an ordinary distribution agreement, an industry meeting, a procurement exercise or a proposed acquisition. Kothari & Jain assists businesses in identifying these issues before commercial decisions create avoidable regulatory exposure. The analysis starts with the market, the parties’ relationship and the actual effect of the proposed conduct.
Where advice may be needed
- Review of distribution, exclusivity, supply and resale arrangements.
- Questions about competitor communications, information sharing and tender practices.
- Assessment of complaints involving access to markets or alleged abusive conduct.
- Early competition screening of investments, acquisitions and joint ventures.
- Preparation and coordination of responses to CCI-related correspondence.
A contract that is commercially convenient is not necessarily appropriate in every market. Restrictions should be reviewed in their factual setting, including the products concerned, alternative suppliers, bargaining position and duration. We also distinguish a competition issue from a payment dispute or ordinary contractual breach, so that the chosen route addresses the actual problem.
The Indian framework
The Competition Commission of India explains that the Competition Act addresses anti-competitive agreements, abuse of dominance and combinations. Being commercially successful or holding a large market share does not alone establish unlawful abuse. Relevant-market definition, the conduct alleged and supporting evidence matter.
For transactions, the CCI Combinations Regulations, 2024 form part of the filing framework. Notifiability requires a transaction-specific review of the applicable Act, thresholds, exemptions and current notifications. It should be considered early enough to inform signing, conditions precedent and completion planning, rather than after the transaction has been implemented.
A practical review process
For a proposed arrangement, the first step is to identify the commercial objective and whether a narrower mechanism can achieve it. For a complaint, we examine the conduct, affected market and contemporaneous documents before advising whether further evidence is needed. If a regulator has written to the business, the response should be coordinated and fact-checked, with clear responsibility for preserving and producing records.
Documents to bring
Prepare the relevant contracts, term sheets, organisation chart, product descriptions and information about competitors and customers. For transaction screening, include ownership and control arrangements, valuation material and available financial information. For conduct concerns, preserve communications, tender documents, meeting agendas and the complete regulatory notice. Avoid deleting informal messages simply because they are not held in the formal contract file.
Common questions
Is every exclusive distribution agreement prohibited?
No automatic conclusion should be drawn from the label. Its terms and competitive context require assessment under the applicable framework.
Is a dispute with a larger business automatically a CCI matter?
No. The existence of a larger counterparty or an unfavourable bargain does not by itself establish a competition-law violation. Contractual and other remedies may be more relevant.
When should an acquisition be reviewed?
At the structuring stage, when ownership, control and transaction documents are being developed. Early review helps identify information and regulatory conditions needed before completion.
Discuss your matter
To arrange a discussion, call +91 8793660616 or +91 7887718191, or use our contact page. Please initially share the parties’ names, a short description and any approaching deadline so that conflicts and the appropriate scope of assistance can be checked.