Piyush Gupta heads the Aviation & Competition practice at Incisive Law.
Piyush has close to two decades of extensive experience working advising on the full range of aviation, corporate finance, corporate regulatory and competition matters, including cartel enforcement, abuse of dominance, merger control and competition audit and compliance across Asia.
His clients include various Indian and multinational entities across sectors such as airlines and airports, petroleum, pharmaceuticals, financial services, telecom, automobiles, glass, FMCG, etc. Piyush has also acted for some of the major clients, including the state-owned oil marketing companies in India in significant cases before the Competition Commission of India as well as advising and representing major international airlines before sectoral regulators.
Piyush has also assisted various multi-national and local companies in setting up competition law compliance and audit structures, as well as advising regularly on dawn raids and whistle-blowing programmes for companies in a wide range of industries.
Prior to joining the firm, Piyush served as Partner and Head of the Competition and Aviation Law Practice Groups at one of India’s leading and largest law firms. He has also worked as in-house counsel with major domestic and international airlines and leading law firms, in Singapore and India.
Piyush has been providing extensive legal advice to international airlines, MROs and OEMs on various aspects of aviation laws (including repossession / insolvency issues and applicability of international conventions). He has also conducted numerous trainings and workshops on various issues including aircraft leasing and financing, competition compliances, emissions trading and alliances, JVs and regulatory hurdles within the aviation industry.
Piyush is a regular speaker at various legal forums in Asia and has contributed several articles on competition law, including the India chapter on anti- competitive agreements, abuse of dominance and merger control in Competition Law in book titled ‘Doing Business in India’.
Awards / Recognitions
Piyush is highly regarded by his peers as well as clients. He has received many recommendations and has been ranked by international publications consistently. The recent ones include:
Chambers & Partners, 2020 – lists Piyush as a “prominent figure” in the aviation and aerospace sector in India.
Asialaw, 2020 – lists Piyush as a “distinguished practitioner” for aviation laws in India.
Asia Pacific Legal 500 (2020, 2019, 2018, 2017, 2016, 2015) listed Piyush as a “recommended lawyer” for Antitrust / Competition as well as for Aviation laws in India.
Asialaw Leading Lawyers (2017, 2016) listed Piyush as a leading individual and has ranked him as a “market-leading lawyer” in Competition / Antitrust laws in India.
Highlight matters include:
Competition / Antitrust & Regulatory
Acted for the Indian state-owned oil companies on the issue of joint / collective buying under the Indian Competition Act.
Acted as the India counsel and made submissions before the competition regulator in India in the biggest tech merger deals in the history of the IT industry involving complicated financing and acquisition structuring on a global level.
Advised a major pharmaceutical company before the CCI in relation to alleged issues with their distribution arrangements.
Advised a major manufacturer of photographic paper to assess whether its distribution agreements are likely to infringe the competition law of India and Bangladesh.
Advised a major computer manufacturer on its arrangements with distributors and resellers including legal issues concerning sales at a discount by resellers on e-marketplaces, review of agreements with distributors and resellers, review of notices to distributors and resellers and advice on predatory pricing and minimum resale price maintenance in India.
Assisted some of the largest MNCs with their competition law compliance issues, including conducting competition compliance audit and trainings, and drafting competition compliance manual(s).
Represented a major aircraft manufacturer on various aspects of Indian aviation laws including repossession / insolvency issues and applicability of international conventions.
Advised a large aircraft manufacturer on various contracts with the Government of India for supply of both defence and civilian aircraft to the latter, specifically in relation to advising on supply contracts and tender documents, providing regulatory advice on defence procurement guidelines, public tender regulations and anti-corruption laws.
Represented a consortium of large international airlines across various forums in relation to regulatory compliance and disputes.
Provided comprehensive legal advice to an international low cost airline in connection with the proposed setting up of a company in India.
Advised an international scheduled air carrier in overhauling their entire website in India to make it compliant with the revised rules and regulations of the Indian aviation regulator.
LLM, The George Washington University Law School LLB, University of Delhi. B.Com (H), University of Delhi PG Diploma in International Trade and Business Laws, Indian Society for International Laws PG Diploma in Environmental Laws, World Wide Fund for Nature – India PG Diploma in Cyber Laws, Amity Law School