Le­gal Lu­mi­nary

PALLAVI SHROFF HAS TAKEN ON SOME OF THE BIG­GEST NAMES GLOB­ALLY IN THE BAT­TLE FOR IPR.

Business Today - - THE MOST POWERFUL WOMEN IN BUSINESS - By RA­JEEV DUBEY

One of the lead­ing ladies in in­tel­lec­tual prop­erty rights in In­dia, Pallavi Shroff, has made it to the Busi­ness To­day Most Pow­er­ful Women list for the sixth time. The jury specif­i­cally noted Shroff’s con­tri­bu­tion to the path-break­ing case of Bharat Mat­ri­mony vs Google, where the reg­u­la­tor – Com­pe­ti­tion Com­mis­sion of In­dia – held Google guilty of ‘search bias’ and fined it $21.17 mil­lion. “Google was found to be in­dulging in prac­tices of search bias and by do­ing so it causes harm to its com­peti­tors as well as to users,” CCI’s 190-page or­der noted in Fe­bru­ary 2018. Google has chal­lenged the judge­ment in the Com­pe­ti­tion Ap­pel­late Tri­bunal.

“Al­most five years ago, for the first time a very com­plex is­sue like this was be­ing ad­dressed. It took us quite a bit to work through be­fore you could reach the CCI to see if there was a case. It was the very first time that abuse to dom­i­nance in the tech­nol­ogy sec­tor was be­ing looked at in In­dia. Is­sues of big data and a whole bunch of things were be­ing looked at,” says Pallavi Shroff, Man­ag­ing Part­ner, Shardul Amarc­hand Man­gal­das. “Then when we de­cided to go to the CCI, even through the in­ves­ti­ga­tion, we had to take a lot of strate­gic calls on po­si­tions to be taken. You look at the par­al­lel in­ves­ti­ga­tions go­ing on around the world. Is it ap­pli­ca­ble to In­dia? Is there data to sup­port in In­dia?”

The other ma­jor re­cent win for Shroff – who hap­pens to be Jus­tice P.N. Bhag­wati’s daugh­ter – was while

WHY SHE MAT­TERS She has won some re­ally high- pro­file cases that have re­sulted in pol­icy changes

rep­re­sent­ing ONGC vs Re­liance be­fore the AP Shah Com­mit­tee in a case re­lated to al­leged theft of gas. An es­ti­mated 11.12 bil­lion cu­bic me­tres of ONGC gas worth ap­prox­i­mately

` 11,000 crore had es­caped from its Go­davari and KG blocks to RIL’s KG-D6 block, be­tween April 1, 2009 and March 31, 2015.

Mean­while, the firm it­self han­dled sev­eral other high-pro­file cases. Rep­re­sent­ing Vikram Bak­shi in the share­holder dis­pute against McDon­ald’s In­dia be­fore the Na­tional Com­pany Law Tri­bunal, the Tri­bunal held in favour of Bak­shi, al­low­ing him to op­er­ate the restau­rants. Shardul Amarc­hand Man­gal­das also rep­re­sents Pun­jab Na­tional Bank in the $2-bil­lion fraud cases against fugi­tive busi­ness­men Ni­rav Modi and Me­hul Choksi in what is In­dia’s largest bank­ing fraud. The firm’s in­volve­ment in nearly all of the first 12 cases, re­ferred for in­sol­vency in the first round, rounds up a very event­ful guid­ance un­der Shroff.

PHO­TO­GRAPH BY SHEKHAR GHOSH

PALLAVI S. SHROFF Man­ag­ing Part­ner, ShardulA­marc­hand Man­gal­das

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