Percival Billimoria

Percival Billimoria
Office:
17, Kautilya Marg
110 021
City:
New Delhi
Country:
India
Tel:
+91-11-42051176 - 77

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 "an excellent competition litigator" according to sources, who praise the depth of his expertise.

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

Who's Who Legal Litigation: Lawyers

Mr Percival Billimoria (Percy), also a chartered accountant by qualification, is known for his extensive experience as an arguing counsel (litigation and arbitration), representing international companies and investors doing business in India.

Percy specialises in commercial disputes, especially transnational matters arising from joint ventures, financing documents, construction and infrastructure projects, oil and gas exploration projects, insolvency and restructuring, corporate oppression and mismanagement actions, class actions, writ petitions against regulators and court petitions for execution of decrees of foreign courts.

He also specialises in antitrust matters before the Competition Commission of India (CCI), and appeals to the former appellate tribunal (COMPAT), now the National Company Law Appellate Tribunal (NCLAT) and thereafter to the Supreme Court of India; white-collar crime, including trials, revision petitions, quashing petitions and appeals; and tax litigation before the various tax tribunals (especially the Delhi Income Tax Appellate Tribunal), the High Court and the Supreme Court of India.

Percy was formerly a senior partner of Cyril Amarchand Mangaldas, head of the New Delhi office and national chair of the firm’s disputes, regulatory, advocacy and policy (DRAP) practice. Prior to that he was a senior partner at AZB & Partners, chairing their litigation practice from New Delhi.

Some landmark matters in which he successfully appeared as lead counsel include his representation of a Swiss company in the Supreme Court in a landmark decision that settled the question of whether an allegation of fraud is “arbitrable”; a US multinational in the Supreme Court, in a case that addressed a pathological arbitration clause and referred the parties to arbitration by virtually redrafting the clause; a Swiss company in a case where the Supreme Court intervened to stop coercive steps by the authority in a relief seldom granted when the authority pleads the cause of public health and safety; a leading German manufacturer of speciality glass before the former Competition Appellate Tribunal, in a matter that settled the law on margin squeeze, in line with international jurisprudence; an Indian subsidiary of a multinational travel agency before the former Competition Appellate Tribunal in the first appeal against a finding of “gun jumping” by the CCI set out the jurisprudence on the question of when a merger filing is mandatory; and a leading telecom service provider in the Telecom Disputes Settlement and Appellate Tribunal in a matter where the Tribunal decided the manner of computation of “adjusted gross revenue” for the purpose of levying licence fees. This ruling settled disputed sums amounting to several billion rupees and also resulted in a recurring benefit for telecom companies in India. He also acted for a leading international company and its CEO before the Special CBI Court, the High Court of Delhi and the Supreme Court, in a matter where the clients were absolved of all charges of corruption and conspiracy, leading to closure of the trial as well as the quashing of proceedings against the CEO, which established the jurisprudence on the question of circumstantial evidence in relation to an alleged conspiracy.

WWL says: Percy Billimoria has an excellent reputation in the Indian market as a litigator specialising in commercial disputes, competition law and white-collar crime.

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

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