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 obtained his Master of Laws, with a special focus on competition law, at King’s College London. He trained in competition law at the Brussels and London offices of Linklaters LLP and also worked with the competition law department of Tesco Plc, London. Prior to joining DMD Advocates, Vivek worked with Shardul Amarchand Mangaldas & Co., New Delhi, and also with the former Chairman of the CCI. He is one of the few Indian lawyers to be recognised as a “recommended” Global Leader in competition law by Who’s Who Legal (WWL), London.
Vivek has been engaged in various important 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, iron ore, and soda ash, some of which are leniency cases. On the abuse of dominance side, he has worked on cases such as stem cell banking, DTH, medical equipment/ multi-specialty hospitals, pharmaceuticals, automobile spare parts, IT, stock exchange, steel, publishing, paints/ emulsions, packaging 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, the imposition of vertical restraints and actual market conduct with business partners.
On the merger control front, Vivek has worked on many 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, the requirement to pre-notify a transaction, and gun-jumping risks.
Vivek is a member of the Antitrust Section of the International Bar Association and the (Indian) Supreme Court Bar Association. He also conducts lectures and seminars on competition law at various law schools and industry forums. He regularly writes for business newspapers and international journals.