JSA Advocates & Solicitors (JSA) successfully represented GlaxoSmithKline (GSK) before the Competition Commission of India (CCI) in one of the longest-running antitrust investigations in the Indian pharmaceutical sector, culminating in the CCI’s complete exoneration of GSK and closure of the proceedings.
The investigation, which had been pending for over 14 years, involved allegations that chemist and druggist associations, together with several leading pharmaceutical companies, had engaged in anti-competitive practices relating to stockist appointments, product launches, trade margin fixation and boycott-related conduct.
Representing GSK, JSA successfully demonstrated that there was no evidence of any anti-competitive agreement, concerted practice or participation by GSK in the alleged conduct.
Rejecting the DG’s findings and accepting GSK’s submissions, the CCI held that the evidence did not establish any contravention by GSK or the other pharmaceutical companies, finding that they were passive recipients or victims of prevailing trade practices rather than willing participants in any anti-competitive arrangement.
The JSA Competition team was led by Vaibhav Choukse, Lead Partner and Ela Bali, Partner, with support from Aditi Khanna, Principal Associate; Faiz Siddiqui, Senior Associate; Yaatri Shah, Associate and Priyanshi Jain; Associate.
Ela is a partner with JSA’s competition law practice with 10 years of experience. She represents and advises clients across different sectors on enforcement and merger control matters before the Competition Commission of India (CCI), National Company Law Appellate Tribunal (NCLAT), Delhi and Bombay High Court, and the Supreme Court of India (SC).