India lawyers bag Antitrust Writing Award

Two young Indian lawyers today bagged the prestigious Antitrust Writing Award for their article on "compulsary licensing in India".
Amarchand Mangaldas' Competition Law Partner Naval Satarawala Chopra and Associate Dinoo Muthappa were announced as winners for their article 'The Curious Case of Compulsory Licensing in India' in the Business category, 'Unilateral Conducts section'.
They are the only Indians to have won this award and are amongst the youngest awardees.
The Antitrust Writing Awards' are aimed at promoting antitrust scholarship and competition advocacy by recognising and awarding the best articles published in the antitrust law and economics fields, a statement said.

The jury panel that voted for the article as the winner in its category included Julie Brill, Commissioner, Federal Trade Commission, Alexander Italianer, Director General, DG COMP, European Commission among others.
The 'Curious Case of Compulsory Licensing in India' takes a cue from the path breaking move that alarmed the pharmaceutical industry, in March 2012 the Indian Patents Office granted its first compulsory licence, for the manufacture and sale of Bayer's patented drug Nexavar, in NatcoPharma Limited v Bayer Corporation (Natco v Bayer), the statement said.

It analyses the compulsory licence issued in Natco v Bayer and discusses the possibility of a similar compulsory licence being issued under the provisions of India's competition legislation, the Competition Act, 2002 (Competition Act).

The article also further debates the scope of a potential refusal-to-license abuse under the Competition Act and outlines a possible approach for the Competition Commission of India (CCI) to adopt if it should decide to issue compulsory licences.
"This is an important recognition for the competition law bar in India and reflects the fact that we have come a long way and can be counted on for developing competition law jurisprudence.
"It is also demonstrative of the complex issues that the CCI is faced with, some of which have at times not even been considered by other jurisdictions," Chopra said.