Overview

G. R. Bhatia is a Partner in the Competition Law practice area at the Firm. A former Additional Director General of the Competition Commission of India (CCI) and the erstwhile Monopolies & Restrictive Trade Practices Commission, he underwent intensive training in ‘Anti-monopoly Laws in Japan’ organized by the Japan Fair Trade Commission and has also attended training program on ‘Unilateral Conducts and Cartelization’ organized by the Korean Fair Trade Commission in Seoul. He was also associated with the amendments which were made to the Competition Act in 2007, and spearheaded the Firm’s team that advised the FTC and the DoJ in aligning the U.S. antitrust internal reference materials with Indian laws and circumstances.

In recognition of his in-depth experience in the field of competition law, Mr. Bhatia was appointed by the Ministry of Corporate Affairs, Government of India, as an Expert on the National Committee on Competition Policy.

Prior to his stint at the MRTPC, Mr. Bhatia also served as the Registrar of Companies and the Official Liquidator of Patna High Court.  Mr. Bhatia is a faculty with the Indian Institute of Chartered Accountants and Indian Institute of Management for competition law and policy.

He is Consulting Editor of Manupatra Competition Law Reports and also a Member of Editorial Board of Chartered Secretary. He regularly contributes articles on Corporate and Competition law issues. 

Mr. Bhatia represents and appears before the CCI and the Competition Appellate Tribunal (COMPAT) on competition issues. He is an Ombudsman for several German majors on issues relating to anti-competitive and anti-corruption in the Indian jurisdiction. He has appeared as a Competition Law Expert in various courts including the London Court of International Arbitration.

Experience Statement

Abuse of Dominance and Anti-Competitive Agreements

• Represented and defended Jaiprakash Associates Limited one of the largest real estate developers in an abuse of dominance inquiry before the Commission.
• Represented Flipkart - India’s leading e-Commerce organization with respect to competition complaints relating to online sales.

Cartel Investigation & Leniency Matters

• Representing Jet Airways before the CCI in respect of competition concerns emanating from dynamic pricing of airline tickets.
• Represented one of the world’s leading airline groups in an enquiry before the CCI on matters pertaining to the adoption of a zero commission policy by airline operators.
• Represented one of the world’s largest tyre manufacturers as well as the Automotive Tyre Manufacturers Association in a cartel investigation before the CCI.

Overview

Venancio D’Costa is a Litigation Partner in Luthra and Luthra Law Offices India. He specializes in civil and criminal litigation, insolvency matter under IBC, recovery of debts and related matters, arbitration, property disputes, labour and employment related disputes, matrimonial disputes, media related litigation etc. He has a strong expertise in evidence and cross examination.

Mr. D’Costa has extensively advised both domestic and international clients on various nuances of law. He regularly appears as lead counsel before various Courts and Tribunals in India.

Experiment Statement

• Representing banks and financial institutions such as SBI, Hero FinCorp Ltd., PNB Housing Finance to name a few in initiating insolvency against its various Debtors and their Personal Guarantors.
• Represented Hero in another SLP filed by one of its Corporate Debtor against the action taken by Hero First under Arbitration Act and thereafter against the IBC. The Hon’ble Supreme Court vide its judgment dated 03.10.2017, held that a reading of Section 14 along with Section 238 of IBC clearly stipulates that there is no bar in invoking the provisions of Arbitration Act, and dismissed the SLP preferred by the Corporate Debtor.
• Advising and representing IDBI Bank, a leading national bank, which is a financial creditor of Deccan Chronicle Holdings Limited, in proceedings presently before the Hon’ble NCLAT. IDBI Bank has challenged provisions of the Resolution Plan of SREI Multiple Asset Infrastructure Trust - Vision India Funds which was approved by the committee of creditors for the Corporate Debtor.
• Advised ArcelorMittal, in its court mandated repayment of the entire outstanding debt of Uttam Galva Steels Limited, one of the largest manufacturers of cold rolled steel and galvanized steel in India.
• Advised JSW Infrastructure as a prospective bidder for Dighi Ports Limited, a greenfield port being developed as a multipurpose, multi cargo, all weather port with deep draught, direct berthing facilities and cargo handling equipment, within outstanding debt in excess of USD 440 million. The Firm advised in review of the various facilities established by the company and legal ownership and title risk related issues attached to the Company.