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Suhail Nathani

Economic Laws Practice (Mumbai)

Lawyer (Partner)

Suhail Nathani is a Partner at ELP and heads the Competition Law & Policy, Corporate & Commercial and Capital Markets & Securities Laws practices of the firm. He earned his Master’s Degree at Cambridge University, England and has also received an LL.M. from Duke University, USA. Apart from India, he is also admitted to the State Bar of New York. With over 20 years of experience in a range of services, including competition law Suhail is considered as one of the leading lawyers in the field of competition law, having extensive experience in handling competition related matters before the Competition Commission of India (CCI) and Competition Appellate Tribunal (COMPAT). Suhail has also represented various regulatory agencies, including the CCI at the Supreme Court and various other courts in India and is admired for providing innovative solution oriented approach in complex matters. Suhail handles a full range of competition related matters, including merger control, anti-competitive agreements (including cartel enforcement), abuse of dominance, competition advisory, competition audit and compliance. Suhail has been part of the “Law Firm Working Group” formed by the Ministry of Corporate Affairs to give a final shape to the merger regulations of the country and has worked very closely with the Department for International Development to re-write the competition and consumer laws in the Islamic Republic of Afghanistan. Suhail has authored several publications on various legal topics, including competition law, cartel enforcement and merger control and regularly speaks in various forums on competition law. Suhail has also appeared for the Government of India before the World Trade Organisation Panel and Appellate Body in Geneva. Suhail has been ranked by the Chambers Asia-Pacific 2012, 2013 & 2014 for his expertise in Competition/Antitrust, Corporate M&A and International Trade. He has been recommended as a Leading Lawyer for International Trade by The Asia-Pacific Legal500 consistently for the past 6 years. He has been recognised for his expertise in Trade & Customs and Franchise in the Who’s Who Legal 2013 & 2014. He has also been ranked as a Leading Lawyer for Corporate/M&A by Asialaw Leading Lawyers 2014. He was recently a panelist on the India-OECD conference on ‘Corporate Governance Policy Dialogue on Institutional Investors’ organised by the Securities Exchange Board of India and OECD. Suhail serves as an independent director on three listed companies in India, including a scheduled bank. He also sits on the board of a privately held “strategically important” NBFC.

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Articles

2358 Bulletin

Suhail Nathani The Indian Supreme Court applies a strict interpretation to the requirement of notifying the Competition Authority prior to the implementation of a merger (Thomas Cook / Sterling)

17 April 2018 542

On 17 April 2018, the Supreme Court of India (“Supreme Court”) handed down a decision according strict interpretation to the requirement of notifying the Competition Commission of India (‘CCI’) prior to consummation of a combination under the Competition Act, 2002 (“Act”). The Supreme Court set (...)

Gauri Chhabra, Suhail Nathani The Indian government revises the merger control thresholds valid for the period covering 2016 to 2021

4 March 2016 106

Introduction The Government of India, through the Ministry of Corporate Affairs (“MCA”), by way of a notification, has revised the merger control thresholds under the Competition Act, 2002 (“Act”) on March 04, 2016, valid for a period of 5 (five) years, ending on March 04, 2021 (“Notification”). (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority clears a merger in the real estate sector (Gigaplex / Raheja)

18 February 2016 131

Introduction A notification was jointly filed by Mindspace Business Parks Private Limited (“Mindspace”), K. Raheja Corp Private Limited (“KRC”), Trion Properties Private Limited (“Trion”), Gigaplex Estate Private Limited (“Gigaplex”) and Newfound Properties and Leasing Private Limited (“Newfound”), (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)

8 December 2015 130

Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)

8 December 2015 125

Gauri Chhabra, Suhail Nathani The Indian Competition Authority notices parties to furnish material information or face penalty (Sumitomo)

16 July 2015 130

Introduction A notice was filed by Sumitomo Mitsui Trust Bank Limited (“Sumitomo”) in relation to its acquisition of 2.77% in Reliance Capital Limited (“RCL”), through share subscription. Although the acquisition was for less than 25% and did not entail control, it required a filing with the (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority re-defines control and approves an acquisition (Caladium / Bandhan)

25 June 2015 136

Introduction Caladium Investment Pte. Ltd. (“Caladium”) is a company incorporated in Singapore and an affiliate of GIC, Singapore’s sovereign wealth fund. Bandhan Financial Services Limited (“BFSL”) is a company registered with the Reserve Bank of India (“RBI”) as a non-banking financial (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority directs a company to file a merger notification following several minority stakes acquisitions (Piramal)

18 February 2015 107

Introduction The Competition Commission of India (“CCI”) directed Piramal Enterprises Limited (“Piramal”) to file a notice pursuant to Section 20(1) of the Competition Act, 2002 (“Act”), read with Regulation 8 of the Competition Commission of India (Procedure in regard to transaction of business (...)

Gauri Chhabra, Suhail Nathani The Competition Commission of India approves an acquisition pursuant to a shareholders Agreement (Zuari / Mangalore Fertilisers)

10 February 2015 126

Introduction The Competition Commission of India (“CCI”) has approved the acquisition of Zuari Fertilisers and Chemicals Limited (“ZFCL”); and (b) Zuari Agro Chemicals Limited (“ZACL”), together referred to as the “Acquirers”, in Mangalore Chemicals and Fertilisers Limited (“MCFL”), pursuant to a (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority directs for the first time a divestiture of assets in a merger case (Sun Pharma / Ranbaxy)

5 December 2014 344

Introduction The Competition Commission of India (“CCI”) for the first time has directed divestitures of assets, before granting its final approval, in a combination relating to merger of Ranbaxy Laboratories Limited (“Ranbaxy”) into Sun Pharmaceutical Industries Limited (“Sun Pharma”) (referred (...)

Gauri Chhabra, Suhail Nathani The Competition Commission of India clears a joint venture after securing voluntary commitments (MIAL JV)

29 September 2014 191

1. Introduction 1.1. The Competition Commission of India (CCI) approved the joint venture entered between Mumbai International Airport Private Limited (MIAL), Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL), Hindustan Petroleum Corporation Limited (HPCL) (...)

Gauri Chhabra, Suhail Nathani The Indian Competition Authority takes action against gun-jumping in the financial industry (Alpha / Tata)

9 September 2014 289

1. Introduction 1.1. The Competition Commission of India (CCI), while approving the acquisition of 17.36% post issue equity share capital of Standard Greases & Specialties Private Limited (SGSPL) by Alpha TC Holdings Pte Limited (Alpha TC Holdings) and Tata Capital Growth Fund I (TCGF I), (...)