Shardul Amarchand Mangaldas & Co. Successfully Represents Nissan Motor India Private Limited before the Supreme Court against the Penalty Imposed on Car Manufacturers by COMPAT


New Delhi, India

Shardul Amarchand Mangaldas & Co. (SAM & Co.) acted as the legal advisor to Nissan Motor India Private Limited, in the matter involving imposition of a fine on car manufacturers by Competition Commission of India (CCI) which was upheld by the Competition Appellate Tribunal (COMPAT) on 9 December 2016. The Supreme Court of India has today stayed the operation of the order of the COMPAT.

The Shardul Amarchand Mangaldas & Co. Team was led by the competition law partner Mr. Harman Singh Sandhu and the litigation partner Mr. Anuj Berry and included Mr. Vivek Agarwal (Senior Associate) and Mr. Anandh Venkataramani (Associate) on the competition law side and Mr. Malak Bhatt (Senior Associate) and Ms. Reva Mann (Associate) on the litigation side. Shardul Amarchand Mangaldas & Co. briefed Senior Advocate Mr. Kapil Sibal, who appeared on behalf of Nissan. Nissan’s appeal was the lead appeal in the Supreme Court along with appeals filed by Toyota and Ford.

The order of the COMPAT which was challenged before the Supreme Court had negative implications on the safety of the car owners and public at large, to the extent that it directed the car companies to allow the spare parts manufacturers to sell the spare parts in the absence of any quality and safety regulations in India. Further, the impugned order of the COMPAT also sought to legislate on certain industry issues which was not within its powers.

About Shardul Amarchand Mangaldas & Co.

Founded in 2015, Shardul Amarchand Mangaldas & Co., is one of India’s leading law firms rated by International organisations, law directories and professional journals. As a full service law firm, it is renowned in the business community for its ability to enable business, its innovative solutions, its responsiveness and collaboration with its clients. The Firm continues its journey as “a young and wise firm” with a legacy of 99 years.

The Firm has over 430 lawyers, including 89 Partners, offering legal services through its offices at New Delhi, Mumbai, Gurgaon, Ahmedabad, Kolkata, Bangalore and Chennai.