Danish Khan
Associate Partner
New Delhi
Danish is an associate partner with the New Delhi office of Phoenix Legal. Danish has primary interest in the field of competition law. He has over 12 years of experience litigating before the Competition Commission of India (CCI), as well as appellate forums on issues related to Competition Act, 2002.
Danish has advised and represented clients in highly contentious matters before the CCI, the National Company Law Appellate Tribunal (NCLAT), the Supreme Court of India, as well as the erstwhile Competition Appellate Tribunal (CompAT). His range of expertise includes abuse of dominance matters as well as anti-competitive agreements (cartels and vertical restraints). He also undertakes competition compliance programmes for leading corporates.
Danish has significant experience in merger control cases and has represented clients in diverse sectors for seeking CCI approval for combinations.
- Assisted in the Implementation of remedies prescribed by the Competition Commission of India (CCI) in a major agrochemical merger between Dow Chemical Company and DuPont. The transaction was awarded the Matter of the Year globally at the prestigious Global Competition Review Awards 2018. (C-2016/05/400)
- Successfully represented East India Petroleum Private Limited (EIPPL) against South Asia LPG Co. Pvt. Ltd. (SALPG) before CCI for abuse of dominance in LPG terminalling services market. The order of the CCI was the first time a penalty of 10% of the average annual turnover of the preceding three years was imposed in an abuse of dominance matter. East India Petroleum Pvt. Ltd. vs South Asia LPG Co. Pvt. Ltd., CCI Case 76/2011.
- Successfully represented EIPPL before NCLAT in the appeal filed by SALPG against the CCI decision- South Asia LPG Co. Pvt. Ltd. vs Competition Commission of India & Ors. (NCLAT Appeal No. 70/2018).
- Currently representing EIPPL in the appeal filed by the SALPG before the Supreme Court of India. South Asia LPG Company Private Limited vs Competition Commission of India & Ors. (Civil Appeal No. 781/2020)
- Currently engaged in a private action litigation before the NCLAT, representing EIPPL in its claim for compensation against SALPG for loss incurred by EIPPL on account of abuse of dominance by SALPG. (Compensation Application No. 01/2020)
- Advised and assisted Jost-Werke International Beteiligungsverwaltung GmbH in getting deemed approval of the proposed combination from the CCI in respect of acquisition of 100% shareholding of the Hyva III B.V. from Hyva Cayman Limited and Hyva I B.V. (C-2024/12/1223).
- Currently representing a major hospital chain in an ongoing inquiry for alleged abuse of aftermarket dominance by two of its hospitals in Delhi.
- Advised existing shareholders in relation to acquisition of additional shareholding in NSPIRA Management Services Private Limited. This involved preparing and filing a Form-I notification to the CCI. (C-2023/03/1008)
- Advised Springfield Investments International BV in relation to its acquisition of a minority stake in Indiaideas.com Limited. This involved preparing and filing a Form-I notification to the CCI. (C-2018/12/621)
- Represented a major Indian healthcare provider (Fortis Healthcare Limited) for combination approval before CCI for an internal re-organization of its healthcare delivery and diagnostics verticals. (C-2016/09/433)
- Represented a target enterprise (Doosan Heavy Engineering) in a Form-II combination filing before the CCI in respect of an international transaction relating to acquisition of Heat Recovery Steam Generator business division. (C-2016/06/406)
- Represented a target enterprise (Jaiprakash Associates Limited) in a combination filing (Form-I) before the CCI in respect of acquisition of 500 MW thermal power plant in Bina, Madhya Pradesh. (C-2016/08/420)
- Advised global satellite operator Intelsat on the competition law aspects of its agreements/conduct with relation to provisioning of satellite capacity to lessees of satellite capacity.
- Successfully represented Air Cargo Agents Association of India (ACAAI) in litigation before the erstwhile Competition Appellate Tribunal (COMPAT) relating to allegation of cartelisation by the International Air Transport Association (IATA). The COMPAT set-aside the CCI decision and remanded the matter back to CCI for re-investigation. Air Crago Agents Association of India vs Competition Commission of India & Anr. (Appeal No. 98/2015)
- Represented a wholesale dealer (Shubham Sanitarywares) in an appeal before erstwhile COMPAT against major sanitaryware manufacturer (HSIL Ltd.) for allegations of resale price maintenance and tie-in arrangement. Shubham Sanitarywares vs Competition Commission of India & Anr- (Appeal No. 19/2016)
- Successfully defended Opposite Parties (Nilpeter India Pvt. Ltd. and SaiCom Codes Flexo Pvt. Ltd.) before the CCI against allegations of abuse of aftermarket dominance. The case was the first-time that the allegations of aftermarket abuse were successfully defended before CCI after an adverse investigation report- Magnus Graphics vs Nilpeter India Pvt. Ltd. & Ors.(Case No. 65/2013)
- Represented the Opposite Parties (4 public sector general insurance companies) before the CCI against allegations of bid-rigging- In Re: Cartelisation by Public Sector Insurance Companies (CCI Suo Moto Case 02/2014)
- Represented Informant in an investigation in the electricity sector. - Vidarbha Industries Association vs MSEB Holding Limited Co. & Ors. (CCI Case 12/2014)
- Represented Informant in a real estate sector investigation against a major developer- Asutosh Bhardwaj vs DLF Ltd. & Ors. (CCI Case 01/2014)
- Represented Informant in a motor vehicle dealership investigation against a major automobile manufacturer- St. Antony’s Cars Pvt. Ltd. vs M/s Hyundai Motor India Ltd.-(CCI Case 82/2014)
- Represented an Opposite Party during investigation into bid-rigging in Railways procurement tender for roof-mounted air conditioners. Chief Material Manager, Kapurthala, vs Daulat Ram Engg. & Services Pvt. Ltd. & Ors.- (CCI Ref. Case No. 04 of 2014)
- Represented a retailer before CCI in an abuse of dominance matter before CCI and COMPAT against Adidas AG and its subsidiaries. Om Datt Sharma vs Adidas AG (CCI Case No. 10/2014 and COMPAT Appeal No. 55/2014)
- Advised Cummins India Limited in relation to potential competition related issues arising out of their arrangements with one of their original equipment manufacturers.
- Involved in advisory on multiple sectors on issues relating to Competition law. Advised various leading companies on various competition law issues covering abuse of dominance, restrictive trade agreements, guidelines to avoid anti-competitive behaviour, cartelisation, combinations and mergers, exempted transactions etc. Engaged in numerous advisory and combination pre-merger consultations before the CCI.