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Percival Billimoria

Percival Billimoria
Office:
4th Floor, Prius Platinum, D-3 District Centre
Saket
110017
City:
New Delhi
Country:
India
Tel:
+91 11 6622 9000

Biographies:

Who's Who Legal Competition: Lawyers

Mr Percival Billimoria (Percy) is a senior partner of Cyril Amarchand Mangaldas. He heads the New Delhi office of Cyril Amarchand Mangaldas and is the national chair of the firm’s disputes, regulatory, advocacy and policy (DRAP) practice. Percy, who is also a chartered accountant by qualification, has, during a career span of over 28 years, specialised in legal services to international companies and investors doing business in India. His expertise includes commercial and antitrust litigation.

Percy appears before the Competition Appellate Tribunal (COMPAT) and the Supreme Court of India on antitrust matters, as well as undertaking commercial litigation at other forums. In particular, the matters before the COMPAT concern both behavioural aspects (such as abuse of dominance, cartelisation or vertical restraints) and also disputes pertaining to merger control. Major matters include: representing an explosives manufacturer in defending a finding of bid rigging of a reverse auction held by a leading public sector utility, namely Coal India Limited; representing a manufacturer of glass tubing in an appeal against a finding of abuse of dominance – a matter which is the first appellate decision pertaining to abusive behaviour based on complex antitrust concepts such as discriminatory pricing and margin squeeze (which was nominated for the Best Defence Award by Global Competition Review in 2015, the only nomination from India); and representing a travel services company in the first major gun jumping litigation before the COMPAT. Recently, Percy has argued before the COMPAT, on behalf of Toyota Motors India, in an appeal against the findings of the CCI on the auto parts abuse of dominance matter.

WWL says: Percy Billimoria is one of the leading antitrust practitioners in India and is widely respected for his top-tier practice.

This biography is an extract from Who's Who Legal: Competition which can be purchased from our Shop.

Who's Who Legal Litigation: Lawyers

Percival (Percy) Billimoria heads the New Delhi office of Cyril Amarchand Mangaldas and is the national chair of the firm’s disputes, regulatory, advocacy and policy (DRAP) practice.

Percy who is also a chartered accountant by qualification, specialises in dispute resolution pertaining to commercial trans-national matters such as contracts, joint venture and project finance matters, oil and gas, power and infrastructure contracts, antitrust, and defending white collar crime cases.

Percy has extensive industry sectoral disputes experience and regularly appears before the Competition Appellate Tribunal (COMPAT), Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the Company Law Board, Airports Economic Regulatory Authority Appellate Tribunal and various arbitral panels. Percy is a former member of the CII’s dispute resolution committee and is part of the India committee of the American Bar Association. He is known for this extensive experience in adversarial matters concerning international companies and investors doing business in India.

The 2016 edition of Chambers & Partners states that he “inspires confidence when arguing a matter,” owing to his extensive preparation and strategic insight. Chambers & Partners (2014) has commended Percy by quoting clients as saying: “He is an articulate and excellent counsel with sound understanding of litigation strategies and commercial issues”, and in 2015 saying “he receives high praise from clients, who describe him as a ‘very experienced litigation lawyer’” and highlight his “impressive capability for quickly grasping the content of the matter”. Further, Chambers & Partners has commended Percy for his “direct and pragmatic style which inspires confidence in clients” and as a “mature and respected lawyer”. They have also singled him out for his skills in litigation as a leading individual in India.

The Asian-Mena Counsel named Percy as External Counsel of the Year for 2013 for his “industry, knowledge and commercial approach”. He has also been recognised by Asia Pacific Legal 500 (2011-2012) as one of the leading individuals in India, and a “fine lawyer” who comes “highly recommended”.

Recent noteworthy matters in which Percy Billimoria was lead counsel include: represented Swiss Timing, as lead counsel before the Supreme Court in a landmark decision on the topic of whether a question of fraud is subject to arbitration; the judgement of the Supreme Court addressed in the matter of Pricol Limited v Johnson Controls Enterprise Ltd & Ors was a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting the clause (this decision reflects a pro-arbitration stance taken by the Supreme Court of India since the 2012 decision of the Supreme Court in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc); the Telecom Disputes Settlement and Appellate Tribunal in the matter of Bharti Airtel Limited v Union of India & Bharti Hexacom Limited decided the manner of computation of “adjusted gross revenue” for the purpose of levy of license fees (this ruling resulted in a recurring benefit of thousands of crores to telecom companies, including the firm’s clients, Bharti Airtel); and represented Rheinmetall Air Defence, as lead counsel before the Special Court in proceedings which lead to discharge and closure of the trial

WWL says: Percy Billimoria remains one of India's leading lights on antitrust litigation and is regarded as a powerhouse in the space.

This biography is an extract from Who's Who Legal: Litigation which can be purchased from our Shop.

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