Danish Khan

Danish Khan is an Associate Partner in the New Delhi office of Phoenix Legal. His primary practice area is Competition Law, and he has over 12 years of experience litigating before the Competition Commission of India (CCI) as well as appellate forums on issues related to the Competition Act, 2002.

He has advised and represented clients in highly contentious matters before the CCI, the National Company Law Appellate Tribunal (NCLAT), the Supreme Court of India, and the erstwhile Competition Appellate Tribunal (CompAT). His expertise includes abuse of dominance matters as well as anti-competitive agreements, including cartels and vertical restraints. He also undertakes competition compliance programmes for leading corporates.

He has significant experience in merger control cases and has represented clients in diverse sectors seeking CCI approval for combinations. He assisted in the implementation of remedies prescribed by the CCI in a major agrochemical merger between Dow Chemical Company and DuPont, a transaction awarded the Matter of the Year globally at the Global Competition Review Awards 2018.

He successfully represented East India Petroleum Private Limited (EIPPL) against South Asia LPG Co. Pvt. Ltd. before the CCI for abuse of dominance in the LPG terminalling services market, an order that 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. He also successfully represented EIPPL before the NCLAT in the appeal filed by SALPG against the CCI decision and is currently representing EIPPL before the Supreme Court of India and in a private action compensation claim before the NCLAT.

Other matters include advising Jost-Werke International Beteiligungsverwaltung GmbH on obtaining deemed approval from the CCI for its acquisition of 100% shareholding of Hyva III B.V.; representing a major hospital chain in an ongoing inquiry for alleged abuse of aftermarket dominance by two of its hospitals in Delhi; and advising existing shareholders on the acquisition of additional shareholding in NSPIRA Management Services Private Limited. He has also represented Springfield Investments International BV on its acquisition of a minority stake in Indiaideas.com Limited, Fortis Healthcare Limited for combination approval for an internal re-organisation, and Doosan Heavy Engineering in a Form-II combination filing relating to the acquisition of the Heat Recovery Steam Generator business division.

He successfully represented the Air Cargo Agents Association of India (ACAAI) in litigation before the erstwhile CompAT relating to allegations of cartelisation by the International Air Transport Association (IATA), and defended Nilpeter India Pvt. Ltd. and SaiCom Codes Flexo Pvt. Ltd. before the CCI against allegations of abuse of aftermarket dominance, the first time such allegations were successfully defended before the CCI after an adverse investigation report. He has also represented the opposite parties in the CCI's suo moto case on bid-rigging by public sector insurance companies, and represented informants in investigations in the electricity, real estate and motor vehicle dealership sectors.