Rahul Goel

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Partner in the Competition Practice at the Delhi Office of Cyril Amarchand Mangaldas. Rahul focuses on competition law, trade law and technology as well as media & telecommunication. He routinely advises on issues relating to behavioural/ enforcement matters, merger control provisions as well as anti-dumping, international trade and WTO laws and the Information Technology Act and its rules. He can be reached at rahul.goel@cyrilshroff.com

 

Latest Articles

  Can enterprises be in violation of the Competition Act, 2002 (Competition Act) when prevailing market conditions are themselves not conducive to a competitive market? This is an interesting question relating to enforcement of the Competition Act, which was dealt with by the Hon’ble Supreme Court of India (Supreme Court) in the case of Rajasthan Cylinders and Containers Ltd v Union of India & Anr[1]. The case arose from a tender floated by Indian Oil…
As anticipated in our last blog on this subject , solar cells continue to be at the heart of to-and-fro trade remedy measures being undertaken by various countries. The Government of India has fired the most recent salvo by notifying the imposition of safeguard duty on solar cells through the Department of Revenue, Ministry of Finance. The termination of the anti-dumping investigation by the Directorate General of Anti-dumping and Allied Duties (DGAD) may have allowed…
Can an enterprise agree with its competitors not to hire each other’s employees without violating antitrust laws? Like any other practice of an enterprise, hiring practices may also violate antitrust laws. From an antitrust perspective, enterprises competing against each other to hire or retain employees are competitors in the employment marketplace irrespective of whether they sell the same product or provide the same services. Therefore, any agreement between employers, expressly or implicitly, agreeing not to…
On 1 May 2018, the Department of Telecommunications (DoT) released the much-awaited Draft National Digital Communications Policy – 2018 (Draft Policy) for public comments. The Draft Policy aims to give direction not only to the telecom market but also to digital communications and prepares the country for the future. The policy, when finalised, will act as a framework for all future legal and regulatory changes/ development in Information and Communications Technology (ICT). The Draft Policy…
If news reports are to be believed, the coming years may well lead to an all-out “trade war” between the East and West. Though the battle lines are drawn, the motivations, interests and intent of the potential “warriors” will seal the fate. While the scope of the “warfare” is hard to predict, solar cells are likely to be at the heart of it. Solar cells are facing numerous trade remedy measures across various jurisdictions. And…
Given the multifaceted economic and legal considerations, fair and effective enforcement of competition law is a complex task. It is rendered all the more daunting with the added requirement for the optimal level of competition law enforcement. Optimal enforcement is arguably more important in competition law proceedings than in other areas of law enforcement because inadvertent under- and over-enforcement may actually end up harming competition itself. For example, if a competition authority attempts to over-enforce,…
In an interesting development, the Supreme Court of India (Supreme Court) has overturned the Competition Appellate Tribunal’s (COMPAT) order and confirmed the Competition Commission of India’s (CCI) order confirming abuse of dominance by multi-system operators (MSOs). The Supreme Court not only interpreted the provisions of section 4 of the Competition Act, 2002 (Competition Act) and differed with COMPAT’s understanding; but also delivered a judgment in a sector that is regulated by the Telecom Regulatory Authority…
On 24 August 2017, a nine-judge bench of the Supreme Court of India (Supreme Court) declared privacy as a fundamental right protected under the Indian Constitution (Privacy Judgment)[1]. The Supreme Court while holding the right to privacy as an intrinsic part of the right to life and personal liberty, and informational privacy as a facet of the right to privacy; highlighted the need for government to examine and enforce a robust regime for data protection.…
In the Budget Speech for the financial year 2016-17, the Government of India proposed its vision to strengthen Central Public Sector Enterprises (CPSEs) engaged in the Oil and Gas Sectors (OGS) through consolidation, mergers and acquisitions. Paving a way for fast track consolidation in the oil and gas sector, the Ministry of Corporate Affairs, Government of India (MCA) has exempted all cases of combinations involving CPSEs operating in OGS, along with their wholly or partly owned…
The nature of regulations, enforcement authorities and their ability to enforce regulations has been known to have a profound effect on innovation. As the internet transforms industrial processes, regulators across sectors and geographies are trying to achieve the right balance on regulating innovation – enough so that it is under effective control yet not stifled from growing. In a recent policy brief on behalf of the Penn Wharton Public Policy Initiative, Kevin Werbach, a professor…