DMD Advocates

Competition

Partner

Vivek Agarwal is a Partner in the Competition Law Practice at DMD Advocates. He has been practising competition law in India since 2009, and was involved in the drafting and the finalisation of the Combination Regulations, working closely with the Competition Commission of India (CCI) and the Ministry of Corporate Affairs. He has been representing and advising Indian and foreign companies on a full spectrum of competition law issues. 

Vivek has been engaged in various high profile enforcement cases before the CCI, the National Company Law Appellate Tribunal (erstwhile, Competition Appellate Tribunal) and the Supreme Court of India. He has been involved in multiple cartel cases including beer, paper, auto-parts, airlines, tyres, batteries, and soda ash, some of which are leniency cases. On the abuse of domi-nance side, he has worked on cases such as stem cell banking, DTH, medical equipment/ multi-specialty hospitals, automobile spare parts, IT, stock exchange, steel, publishing, and railways. 

Vivek also focuses on vertical agreements and competition compliance programmes. He advises various companies on potential competition risks with dealer/ distributor/ supply/ procurement agreements, imposition of vertical restraints and actual market conduct with business partners. 

On the merger control front, Vivek has worked on some of the most complex combination cases, including the ones involving structural/ behavioural remedies. He has successfully worked on numerous Form I (short form) and Form II (long-form) national and multi-jurisdictional filings. He regularly advises companies on complex M&A structures, PE transactions, requirement to pre-notify a transaction and gun jumping risks.

Vivek obtained his Master of Laws, with a special focus on competition law, at King’s College London. Prior to joining DMD Advocates, he worked with Shardul Amarchand Mangaldas & Co. and the former Chairman of the CCI, Mr. Vinod Dhall in India. He trained in competition law at the Brussels and London offices of Linklaters LLP and worked with the competition law department of Tesco PLC, London. He also conducts lectures and seminars on competition law at various law schools and industry forums.