Anand Pathak

Anand S. Pathak is the Managing Partner of P&A Law Offices. He practices in the areas of US, European and Indian mergers, acquisitions and joint ventures, EU and Indian Competition Law, and technology licensing and distribution arrangements. He has extensive experience in advising clients on the full range of US, European and Indian legal issues in connection with international mergers and acquisitions, privatizations, financings, technology licensing, distribution and franchising and agency arrangements, and European and Indian laws on competition, state assistance, trade and intellectual property. He has represented clients in arbitrations, including the Government of India in bilateral investment treaty arbitrations and various companies in claims for compensation from the United Nations Compensation Commission for losses arising from the Iraqi invasion of Kuwait. Mr Pathak has more than 30 years of active practice in the US, EU and India. He has represented Indian and multinational companies in a number of crossborder acquisitions and joint ventures in the US, Europe and Asia; crossborder ADR/GDR and stock swap transactions; tender offers under the Indian Takeover Code; and financings and crossborder BPO/outsourcing transactions Representative transactions include the formation of international joint ventures between TRW Inc. and Satyam Computer Services, and between State Street and Syntel (and related business process outsourcing of back office processes); outsourcing of back office processes by Wachovia Bank, Nationwide Insurance and Washington Mutual to various Indian vendors; US acquisitions by, US and European acquisitions by HCL Technologies of companies, Indian acquisitions by Chevron; and privateequity investments by Warburg Pincus, Silver Lake Partners, Goldman Sachs, Morgan Stanley, APAX Partners, Citibank, WL Ross Funds (distressed asset transactions) and SAIF Partners. His privatization experience includes the privatization of MIBRAG GmbH in the former East Germany, and the representation of the Government of India in the privatization of Modern Food Industries and IPCL. He has represented Total S.A., Chevron Corporation and El Paso Gas in oil and gas matters; and Bombardier, Véolia, Dalkia, Weir Group, Bharti Airtel, Aditya Birla Group and Aircel in infrastructure matters and financings. He is currently representing IL&FS in the monetization of its assets and various infrastructure-related matters.

Mr Pathak’s Indian public-listed company representations include some of the largest transactions in India such as Tech Mahindra’s acquisition of Satyam Computer Services Limited, and Daiichi Sankyo’s acquisition of Ranbaxy Laboratories Limited and Zenotech Laboratories Limited. He was a member of the team that represented and Mahindra Satyam in the US class action securities litigation against these companies. He represented Daiichi Sankyo Company, Limited in the largest commercial arbitration for fraud by the promoter-sellers of Ranbaxy, and is now representing Daiichi Sankyo in the enforcement of the award in India. He was a member of the litigation team that represented Daiichi Sankyo before the Singapore Supreme Court, the first and only time till date that an Indian lawyer has represented a company before the Singapore Supreme Court. His recent representation of clients before the Competition Commission of India and the Competition Appellate Tribunal under the Indian Competition Act, 2002, includes MCX-SX against the NSE in the first predatory pricing case in India, Apple Inc., Amazon, Springer India, Sony Pictures, Super Cassettes, Ranbaxy Laboratories Limited, General Motors, DLF, Ericsson, Borg Warner, Bull Machines and certain film distribution companies against the producers of the films.

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