Shweta Shroff Chopra

Shardul Amarchand Mangaldas (New Delhi)
Lawyer/Attorney>Partner

Shweta Shroff Chopra is a partner in the firm’s competition law practice and has been practising competition law since its early days, having been involved in several high profile enforcement cases including the seminal CCI v Steel Authority of India case. Shweta has extensive experience in competition law issues in financial services markets, cement, construction, chemicals, natural resources (coal, oil & gas, potash, etc), pharmaceuticals, telecommunications, and other manufacturing industries. Recently, she successfully defended Apollo Tyres Limited in the tyre cartelisation case and Vodafone India Limited on an abuse of dominance and anti-competitive tie-in case. In 2011, Shweta worked closely with the Ministry of Corporate Affairs and the CCI in the finalisation of the Indian merger control regime, and last year, among others, secured an unconditional merger clearance from the CCI for Nestlé’s acquisition of Pfizer Inc’s global nutrition business. In 2012, she assisted Mrs Pallavi Shroff on the National Competition Policy Committee in relation to the introduction of the National Competition Policy and amendments to the Competition Act.

Linked authors

Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (New Delhi)
Shardul Amarchand Mangaldas (Mumbai)
Shardul Amarchand Mangaldas (New Delhi)

Articles

5336 Bulletin

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Delhi High Court holds that the Director General of the CCI has broad powers of investigation (Grasim / CCI)

27

In its Judgment in the Grasim case, a Division Bench of the Delhi High Court held that the DG had broad powers of investigation going beyond the specific subject matter of the CCI’s prima facie order directing an investigation. In June 2011, the CCI had passed an order under Section 26(1), (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Delhi High Court dismisses a writ petition challenging demand notices issues by the CCI relating to the interest payment of the penalties imposed (United India Insurance)

25

The Delhi High Court dismissed a writ petition filed by United India Insurance Company challenging demand notices issued by the CCI requiring payment of interest on penalties imposed by the CCI which were the subject of a stay order by the Competition Appellate Tribunal (COMPAT) hearing an (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Supreme Court requests Director General of the CCI (DG) to continue the investigation allegations relating to abuse of dominance (Uber / NCR)

26

Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). In considering whether the Competition (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Commission clears merger of health insurer (Apollo Munich / HDFC ERGO)

23

The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India issues regulatory changes to the merger notification procedure

569

In a welcome move, on 13 August 2019, amendments to the Combination Regulations were published in The Gazette of India. With effect from 15 August 2019 (India’s Independence Day), parties to notifiable acquisitions, mergers and amalgamations (collectively referred to as “combinations”) will, if (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India rejects a complaint according to which an online booking accommodation provider abused of its dominant position (RKG Hospitality / OYO)

492

In a case with important implications for the budget hotel sector, the CCI rejected at prima facie stage a complaint by RKG Hospitality, a hotelier, that Oravel Stays (OYO), which provides budget accommodation through online booking, had abused its dominant position by imposing one-sided, (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India dismisses claim submitted against a leading insurance company and closes the case at prima facie stage (Indian Chemical Council / General Insurance Corporation of India)

415

The CCI rejected at prima facie stage a complaint by the Indian Chemical Council (ICC) that a leading reinsurer, the General Insurance Corporation of India (GIC), had abused its dominant position. The ICC alleged that GIC was, with its very high market share, dominant in the overall (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India finds no collusion of multiplex cinema operators and their association (Unilazer / VPF)

315

The CCI rejected at prima facie stage a complaint by Unilazer Ventures (Unilazer), a film content creation company, that a number of multiplex cinema operators and their association had colluded in relation to the imposition of a Virtual Print Fee (VPF), revenue sharing arrangements, delays in (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The High Court of Delhi rules that proceedings and orders passed by the Competition Commission of India cannot be invalidated by way of constitutional defects (Cadd)

232

In April 2019, a Division Bench of the High Court of Delhi had declared two provisions of the Competition Act, 2002 unconstitutional and void. All other provisions of the Competition Act were held to be valid subject to a number of orders including that “the Central Government shall take (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India finds an association of medicine dealers has collected charges that are illegal under national competition law (Jalgaon District Medicine Dealers Association)

197

In a case against the Jalgaon District Medicine Dealers Association (Association), the CCI found that the Association had collected Product Information Service (PIS) charges from manufacturers of pharmaceutical products. The CCI found that payment of the PIS charges was mandatory and, (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India clears a minority shareholdings acquisition in the financial industry after the merger notification is submitted due to board seat (Kedaara / Ajax)

58

The CCI cleared the acquisition by Kedaara Capital Fund (Kedaara), a private equity fund, of an approximately 7.98% stake in Ajax Engineering (Ajax), a manufacturer of concreting equipment. Since there were no horizontal overlaps or vertical relationships, the CCI concluded that the proposed (...)

Pallavi Shroff, Shweta Shroff Chopra, Rohan Arora, Gauri Chhabra, Yaman Verma, Aparna Mehra, Manika Brar, Harman Singh Sandhu, Naval Satarawala Chopra, John Handoll The Competition Commission of India finds the distribution arrangments of a supplier of mobile handsets to be prima facie compliant with national law (Vivo)

129

The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Commission finds that chemist associations and pharmaceutical companies had engaged in a system of no-objection certificates under which the associations prescribed which stockist could stock a company’s products

103

The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s products.1 The associations and certain of (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Yaman Verma, Rohan Arora, Shweta Shroff Chopra, Gauri Chhabra The Competition Commission of India finds two chemist associations and two pharmaceutical companies to have used no-objection certificates (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)

48

India Competition Law Roundup: June 2019 The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Competition Commission of India clears joint venture between two healthcare companies after deciding it cannot result in any anticompetitive effects (GlaxoSmithKline / Pfizer)

74

The CCI cleared the proposal by GlaxoSmithKline and Pfizer to combine their global consumer healthcare businesses into a joint venture. The CCI considered overlaps in three product segments; non-narcotics/anti-pyretics, antacids/anti-flatulents and calcium preparations. In all three segments (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Commission clears a merger, subject to remedies, in the electricity market (Larsen & Toubro/Schneider Electric)

50

The CCI cleared the proposed acquisition of the electrical and automation business of Larsen & Toubro (L&T) by Schneider Electric and MacRitchie Investments (the Acquirers) on foot of a package of behavioural remedies proposed by the Acquirers. After a lengthy investigation, the CCI (...)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Commission finds that a company abused of its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google Android)

97

Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

Shweta Shroff Chopra, Rohan Arora The High Court of Delhi challenges constitutional validity of provisions of the Competition Act on a complaint by a car manufacturer accused of abusing its dominant position (Mahindra & Mahindra)

325

On 10 April 2019, a Division Bench of the High Court of Delhi pronounced its judgment in Mahindra & Mahindra v. Competition Commission of India, which challenged the constitutional validity of a number of provisions of the Competition Act, 2002 (Competition Act). In addition to holding the (...)

Aparna Mehra, Gauri Chhabra, Harman Singh Sandhu, John Handoll, Manika Brar, Naval Satarawala Chopra, Pallavi Shroff, Shweta Shroff Chopra The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)

503

On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

Aparna Mehra, Gauri Chhabra, Harman Singh Sandhu, John Handoll, Manika Brar, Naval Satarawala Chopra, Pallavi Shroff, Shweta Shroff Chopra The Indian Competition Authority conditionally clears a merger in the agrochemicals and seeds industry (Bayer / Monsanto)

518

In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s (...)

Naval Satarawala Chopra, Pallavi Shroff, Shweta Shroff Chopra The Indian Competition Authority grants a 75% reduction in penalty in a cartel case in the railway sector, after applying the leniency program (Pyramid Electronics)

350

Introduction The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)

Naval Satarawala Chopra, Pallavi Shroff, Shweta Shroff Chopra The Indian Government publishes notifications enhancing the existing jurisdictional thresholds in the merger control regime amending the existing exemptions

90

The Indian merger control regime under the Competition Act, 2002 (Competition Act) has been in force for nearly five years. The provisions of the Competition Act are to be read together with the notifications issued, from time to time, by the Ministry of Corporate Affairs, Government of India (...)

Naval Satarawala Chopra, Pallavi Shroff, Shweta Shroff Chopra The Competition Commission of India fines an undertaking for failing to notify a merger within 30 days of the trigger date (GE)

147

The Competition Commission of India (CCI) has recently imposed a penalty of INR 5 crores (approximately USD 750,000) on GE for its failure to notify the proposed acquisition of Alstom companies within 30 days of the trigger date. The penalty imposed on GE is the highest penalty for late filing (...)

Shweta Shroff Chopra The Indian Competition Appellate Tribunal dismisses appeals filed by ten explosives manufacturers against the Competition Commission’s order finding them guilty of bid-rigging, but reduced the penalty imposed by 90% (Gulf Oil Corporation)

157

SUMMARY The Competition Appellate Tribunal (COMPAT) dismissed the appeals filed by ten explosives manufacturers against the order of 16 April 2012 made by the Competition Commission of India (CCI) (the CCI Order), finding them guilty of bid-rigging. The COMPAT held that the collective boycott (...)

Shweta Shroff Chopra The Competition Commission of India finds that ten explosives manufacturers had collectively boycotted an electronic reverse auction for the procurement of explosives (Coal India)

90

SUMMARY In the Explosives Case, the Competition Commission of India (CCI) found that ten explosives manufacturers had collectively boycotted an electronic reverse auction conducted by Coal India Limited (CIL) for the procurement of bulk loading and cartridge explosives in breach of Section 3 (...)

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