This interview has been published by Anshi Mudgal and The SuperLawyer Team
Your remarkable contributions to the legal field are widely recognized. What led you to choose law as a career despite having a background in science? What motivated you to make this shift?
Thank you so much for your kind words. While my background is in science, I was drawn to law primarily because of the unique freedom and societal impact it offers. Unlike many other professions, law provides the opportunity to engage directly with society and interact with people from diverse walks of life. This ability to affect change, whether by resolving complex issues or advocating for others, truly resonated with me. I found that, in science, while I could contribute through innovation and research, law allows me to apply problem-solving skills in a more immediate and tangible way, often in situations where my services can bring about significant positive change or even happiness for others.
Moreover, law offers a respected position within society, which is something I deeply value. The idea that legal professionals play a key role in shaping policy, protecting rights, and upholding justice aligns with my desire for a career that combines intellectual challenge with the opportunity to make a real difference. In many ways, law felt like a natural next step for me, allowing me to leverage the analytical and critical thinking skills honed through my science background, while also offering the chance to have a direct and meaningful impact on individuals and communities.
After completing law school, you pursued an LLM in Business Law and a PhD in Competition Law. What sparked your interest in these specific areas of law, and how have they influenced and enhanced your professional journey?
When I completed my undergraduate law studies, I found myself at a crossroads like many of my peers, wondering what direction to take next. I debated whether to enter legal practice or pursue further studies, and if I chose the latter, in which area of law should I specialize? I initially felt some pressure, as many of my friends were pursuing additional qualifications, and I wondered if I was already falling behind.
However, after careful consideration and introspection, I recognized that my interests were centered around business law related subjects like contracts and intellectual property law. During my final year, I had the opportunity to intern with an IT firm, where I was exposed to contract drafting and gained some insights into the practical applications of intellectual property rights, particularly copyrights and trademarks. This experience sparked a deeper interest in intellectual property law and its potential for specialization.
I began to understand the value of pursuing a more niche area of law, and this led me to focus on business law as my primary interest. After speaking with my professors and industry professionals, I decided to pursue a Master of Laws (LL.M) with a specialization in Business Law, with a focus on Intellectual Property Law as well. I was fortunate to be admitted to NLIU, Bhopal, through the CLAT, which provided me with a solid foundation for my further studies.
The two years of my LL.M were transformative. I had the privilege of learning from professors who deeply influenced my career, particularly Dr. GS Bajpai and Dr. Vinod Dixit. Dr. Bajpai ignited my passion for legal research, while Dr. Dixit played a key role in honing my research skills and guiding my LL.M dissertation, which explored the intersection of Intellectual Property and Competition Law.
During my time at NLIU, I also had the opportunity to intern with Luthra & Luthra, where I assisted in competition law matters. This experience introduced me to the emerging field of competition law in India and further piqued my interest. Since then, competition law has become a key area of my professional passion and expertise. Recognizing the potential of this relatively new area of law, I decided to deepen my expertise and eventually pursued a PhD in Competition Law.
With over 14 years of experience as an in-house legal counsel, what have been some of the most valuable lessons you’ve learned from providing legal support to business operations? Can you share an example of a particularly challenging case you’ve worked on and how you approached it?
As an in-house legal counsel, I have gained several key insights over the years that have been invaluable to my role. One of the most critical lessons is the importance of understanding the company’s business strategy. Legal counsel must go beyond merely interpreting the law; it is essential to integrate our advice within the broader business context. By aligning legal decisions with the company’s goals and objectives, I am able to provide solutions that are not only legally sound but also practically feasible, ensuring that the business can thrive.
Another essential insight is the understanding that risk management is more important than risk avoidance. Effective legal support is not about eliminating all risks, as some degree of risk is unavoidable and even necessary for business growth and innovation. Instead, my role is to help the company navigate these risks in a way that minimizes potential harm while still allowing for the pursuit of opportunities and business goals. It’s about striking the right balance.
Additionally, effective communication has proven to be a vital skill. Translating complex legal concepts into clear, actionable advice is critical, as many business stakeholders may not have a deep legal background. It is my responsibility to ensure that legal implications are communicated in a way that is understandable and actionable. Whether addressing compliance requirements or explaining the potential consequences of a business decision, my aim is to make legal advice accessible and valuable to the team.
Collaboration across different functions has also been one of the most rewarding aspects of my role. Working closely with teams from finance, operations, marketing, and other departments allows me to better understand their priorities and challenges. By being a trusted partner to these teams, I can provide timely and relevant legal support, helping to anticipate potential issues before they escalate.
Agility and solution-oriented thinking are also key components of being an effective in-house counsel. The business environment is constantly evolving, and I’ve learned to be flexible and adaptable in my approach. Legal solutions must evolve alongside the business, and I strive to find practical solutions to legal challenges. Rather than just identifying potential risks, I aim to contribute to finding solutions that propel the business forward.
A preventive approach to law has also been one of the most valuable contributions I can make as in-house counsel. By drafting clear contracts, setting up strong internal processes, and offering regular compliance training, I help mitigate potential risks before they become issues. This proactive approach to legal matters helps the business avoid costly disputes and safeguard its reputation.
Negotiation and diplomacy are critical in my role. Whether I’m involved in contract discussions, dispute resolution, or forming strategic partnerships, it’s crucial to understand the broader context of each negotiation. By recognizing what each party values and finding common ground, I can facilitate agreements that protect the company’s interests while fostering positive, long-term relationships.
Further, commitment to upholding high standards of compliance and ethics is fundamental to the role of an in-house legal counsel. Ensuring that the company adheres to legal requirements and maintains ethical conduct is essential, especially in industries with complex regulatory environments. Non-compliance can lead to serious legal and reputational risks, so maintaining strict standards is critical to safeguarding the company’s integrity and success.
I would say that; the role of in-house legal counsel extends far beyond simply providing legal advice. It involves understanding the business, working collaboratively with various departments, and offering practical, solution-oriented legal guidance that supports the organisation’s growth while safeguarding its interests.
One of the most challenging aspects of my role as in-house legal counsel is navigating the delicate balance between the commercial interests of the organization and our unwavering commitment to legal compliance and ethical practices. In situations like these, it’s crucial to maintain alignment with the company’s goals while ensuring that we don’t compromise on our legal and ethical obligations.
A key challenge often arises when the business is eager to pursue new opportunities or aggressive growth strategies. These initiatives may involve areas where the legal framework is either ambiguous or highly regulated, creating potential compliance risks. My approach in such cases has been to fully understand the commercial objective behind the decision, and then work closely with the relevant business stakeholders to ensure that the legal risks are clearly identified and communicated.
Rather than simply telling the business “no” or “this can’t be done,” I strive to offer alternative solutions that satisfy both the commercial intent and legal requirements. For example, when dealing with regulatory compliance or complex contractual terms, I work collaboratively with finance, operations, and other departments to design agreements or strategies that mitigate legal risk while allowing the business to move forward. This may involve structuring deals in a way that complies with the law, negotiating terms that ensure compliance without hindering business flexibility, or even identifying ways to structure the business’ operations so they remain compliant without disrupting its goals.
One critical component in maintaining this balance is effective communication. I make it a point to explain not just the “what” and “how” of legal compliance, but also the “why”. When business leaders and teams understand the legal rationale behind compliance and ethical guidelines, they are more likely to support and adopt these measures without feeling that they are inhibiting the company’s growth. This transparency also helps to build a culture of compliance within the organization, where legal considerations are viewed as integral to the company’s long-term success rather than as a barrier.
Ultimately, my goal is to find practical solutions that protect the organization’s commercial interests while also ensuring that we uphold the highest standards of legal compliance and ethical conduct. Balancing these priorities requires constant vigilance, clear communication, and a solution-oriented mindset that supports both business growth and responsible risk management.
As an author of numerous books and articles, you’ve addressed various facets of India’s competition law landscape. With the rapid advancement of technology and the rise of digital markets, how do you envision competition law evolving to address challenges such as anti-competitive practices in the tech industry?
As a student of law and research enthusiast who has had the privilege of studying India’s competition law landscape, I believe that the digital revolution and the rapid advancements in technology, especially the rise of big data, will play a critical role in shaping the future of competition law. With technology playing an increasingly dominant role in every sector, competition law must adapt to address new challenges, particularly in the tech industry where anti-competitive practices often thrive.
The surge in data-driven business models has fundamentally altered the dynamics of competition. Tech giants like Google, Facebook, and Amazon have not only redefined how we interact with digital platforms but also consolidated immense power by controlling vast amounts of data. This concentration of data is creating a new form of dominance, with the potential to distort competition in ways that traditional antitrust frameworks were not designed to address.
As companies harness data to gain insights and optimize their operations, they inadvertently or deliberately use it as a tool to entrench market dominance. Practices such as exclusionary tactics, discriminatory pricing, and even data-driven collusion are becoming more commonplace, potentially stifling innovation and preventing smaller competitors from gaining a foothold in the market. These practices represent a growing challenge for regulators who must balance fostering innovation with ensuring a level playing field.
Moreover, the regulatory landscape in India and globally is lagging behind the speed of technological change. Traditional competition law, which primarily focuses on market shares and pricing strategies, must evolve to encompass the unique characteristics of digital markets. The key concern is how we can regulate the misuse of data to preserve both competition and privacy without stifling the very innovation that drives the tech sector forward.
One of the critical areas that require immediate attention is the abuse of data dominance. When a dominant player in the market collects and controls vast amounts of personal data, it can create barriers for entry and exert undue control over consumers. This can lead to harmful outcomes, such as reduced consumer choice, unfair pricing, and monopolistic behavior. Regulatory bodies must address these issues by not only enforcing traditional competition laws but also developing new frameworks that take data and its role in market dynamics into account.
I envision the future of competition law evolving through a combination of enhanced enforcement mechanisms, clearer data governance policies, and greater international cooperation. Strengthened regulatory measures can ensure that dominant players cannot leverage their data advantage to undermine competition. These measures must be agile and responsive, given the rapidly changing nature of digital markets.
Moreover, empowering consumers through transparency and control over their personal data is a key component of a fair and accountable ecosystem. Consumers must be able to understand how their data is being used, have the ability to exercise their rights, and be protected from unfair practices. This empowerment, combined with robust enforcement of competition laws, will help create a more competitive and ethical digital environment.
Addressing anti-competitive practices in the tech industry, particularly in the era of big data, requires a multi-faceted approach. Competition law must evolve to deal with the complexities of data dominance, market power, and the ethical use of information. By fostering innovation while ensuring fair competition, we can create a balanced, dynamic digital ecosystem that promotes consumer welfare, protects individual rights, and drives responsible technological advancement. It will take collaboration among regulators, businesses, and consumers to navigate this complex landscape, but by doing so, we can ensure a thriving and equitable digital future.
Your academic and professional achievements are impressive, and your research contributions are highly regarded. What drives you to keep writing and publishing in such a demanding field, and how do you manage to balance these scholarly endeavours with your professional commitments?
Thank you for your kind words. I am deeply grateful to my teachers, who played a pivotal role in shaping my research skills. As I mentioned earlier, my areas of interest are centered around corporate law, particularly antitrust law. I firmly believe that professionals should focus on emerging areas within their field, as this not only accelerates career growth but also opens doors for new opportunities. I was fortunate to begin my research in competition law just as India’s new antitrust legislation was coming into effect, which created a wealth of learning possibilities.
It is worth noting that publication requirements, such as the two articles needed for Ph.D. programs, were a key catalyst in increasing my publication output. While I had already published a few articles and three books before enrolling in my Ph.D., the pace of article publication certainly increased after my Ph.D. enrolment. As I mentioned earlier, exploring emerging areas and contributing to them not only enriches one’s work but also ensures that contributions are recognized in the academic community.
As for managing the balance between scholarly pursuits and professional commitments, this is a question I often encounter. Striking that balance can be challenging, but with the right strategies, it is certainly achievable. The first step is to clarify both your academic and professional goals. Understanding your priorities allows you to allocate your time and energy effectively, ensuring that both areas progress according to your long-term vision.
Next, I recommend developing a structured schedule that accommodates both academic deadlines and professional responsibilities. Time-blocking is a useful technique to ensure dedicated time for each, so that neither area encroaches on the other. Prioritizing tasks based on deadlines and significance will also help in staying on track.
Leveraging flexibility within both your academic and professional roles can also be incredibly beneficial. Open communication with your employer about important academic periods can lead to accommodations that allow for better focus on research. Likewise, delegating certain tasks in the workplace can free up valuable time for scholarly work. Similarly, in academia, delegating aspects of your research projects where possible can help manage workload effectively.
Setting boundaries is essential to prevent feeling overwhelmed. Learning to say no, or negotiating timelines, helps to ensure that you do not overburden yourself. Being mindful of your limits and allowing yourself to shift focus between commitments is key. Where possible, integrating your academic work with your professional role can streamline both efforts. If your scholarly pursuits align with your job, you can create synergies that reduce the effort required to manage them separately.
Self-care is another critical aspect. Regular breaks, exercise, and relaxation are necessary for maintaining productivity and overall well-being. Stress management techniques, such as mindfulness, can help you stay focused and prevent burnout, ensuring that both your academic and professional commitments remain sustainable.
Utilizing technology to stay organized is also invaluable. Digital tools like calendars, task managers, and note-taking apps are excellent for keeping track of deadlines and responsibilities, helping ensure nothing is overlooked. Lastly, it’s important to be realistic about your capacity. Some periods will require more attention to either your academic or professional life, and it’s essential to adjust expectations accordingly. Don’t hesitate to scale back when necessary to avoid compromising the quality of your work in either area.
Seeking support from mentors, colleagues, and academic advisors can provide the guidance needed to navigate the complexities of balancing both domains. Clear communication and mutual understanding can provide flexibility and insight, helping to manage the dual responsibilities effectively. By prioritizing tasks, setting boundaries, practicing self-care, and leveraging available resources, balancing scholarly and professional commitments can be achieved without overwhelming oneself.
What are the most important elements of intellectual property management that you discuss in one of your works, and why is it critical for businesses to adopt effective IP management strategies?
In one of my works, I discuss several key elements of intellectual property (IP) management that businesses must consider to effectively safeguard their innovations and sustain a competitive edge. These elements include IP identification, protection, commercialization, and enforcement, all of which are crucial to ensuring the longevity and profitability of intellectual assets.
The first step in effective IP management is identifying the intellectual assets within an organization. This involves recognizing innovations, trademarks, patents, and other creative works that could be protected under IP laws. It is essential for businesses to have a clear understanding of what constitutes IP within their operations so that valuable assets are not inadvertently overlooked. Without this identification, businesses risk losing control over critical innovations.
Once IP is identified, the next step is protection. This involves taking the necessary legal measures to secure patents, trademarks, or confidentiality agreements to guard against potential infringement. IP protection forms the foundation of any IP strategy, as it ensures that competitors cannot copy or exploit these innovations, thereby maintaining the business’s unique position in the market.
Following protection, businesses must look to commercialize their IP. This can be achieved through licensing agreements, partnerships, or the development of new products and services. Effective commercialization not only helps businesses generate revenue but also expands their market presence, turning intellectual property into a powerful revenue stream.
However, protection and commercialization alone are not sufficient. Enforcement is equally critical. Businesses must be proactive in monitoring the market for potential infringements of their IP and be prepared to take legal action if necessary. This vigilant enforcement ensures that the value of intellectual assets is not undermined, providing companies with the legal standing to defend their innovations.
Adopting robust IP management strategies is vital for businesses for several reasons. Intellectual property often represents a significant intangible asset, forming the cornerstone of a company’s competitive advantage. Without proper management, businesses risk losing control over their innovations and missing out on opportunities to capitalize on them. Furthermore, effective IP management creates barriers to entry for competitors, helping companies maintain market dominance while fostering a culture of continuous innovation.
In today’s interconnected global marketplace, businesses are increasingly vulnerable to IP theft or unauthorized use. By implementing sound IP management practices, companies can protect their assets, avoid costly legal disputes, and ensure long-term growth and sustainability. Ultimately, IP management is not just about protecting ideas; it is about strategically leveraging those ideas to drive innovation, revenue, and competitive strength.
As the founder of Lex-Warrier Law Journal and a frequent speaker at various conferences, what advice would you give to law students aiming to excel in both the legal profession and legal research? Additionally, what resources would you recommend to them to stay informed about the latest developments in the field of competition law?
My advice to them would be twofold: cultivate a deep commitment to continuous learning and actively seek out opportunities for hands-on experience.
First, in terms of legal research, I would advise students to focus on building a strong foundation in research methodology. The ability to critically analyze case law, statutes, and legal theories is indispensable in any legal career. However, it’s equally important to develop skills in synthesizing complex legal issues and presenting them in clear, concise writing. Law journals, like Lex-Warrier, provide an excellent platform for students in their initial phase to publish their research and get their work noticed by a wider audience. My advice is to regularly contribute to such journals, not only to gain exposure but also to hone your writing and analytical skills.
Secondly, practical experience is key to excelling in the legal profession. I strongly recommend that law students seek internships, clerkships, or volunteer work with law firms, judges, or in-house legal departments. These experiences help bridge the gap between theoretical knowledge and real-world application, providing valuable insights into the practice of law. Engaging in moot courts, debates, and legal competitions is also a great way to sharpen practical skills and build confidence.
To excel in competition law, law students should try to stay updated with the latest developments in the field. The dynamic nature of competition law, with its evolving regulatory frameworks and landmark decisions, demands that professionals remain informed.
I recommend the following resources for staying up-to-date:
- Legal Journals and Publications: Regularly reading law journals which provides access to the latest scholarly articles, case law, and regulatory developments in competition law.
- Official Websites: Staying connected with institutions like the Competition Commission of India (CCI) and the European Commission’s competition department is crucial. These websites offer updates on policies, decisions, and ongoing cases that shape the competition law landscape.
- Books and Treatises: Foundational texts on competition law, such as those by notable scholars like Richard Whish or Eleanor M. Fox, offer in-depth insights into the principles and nuances of competition law, while also serving as reference points for research and practice.
- Webinars and Conferences: Actively participating in webinars, conferences, and seminars, whether in person or virtual, is an invaluable way to engage with the legal community and learn directly from experts. Being a frequent speaker myself, I believe these platforms not only offer learning opportunities but also provide students with networking prospects that can be crucial for their careers.
By combining a strong commitment to academic excellence, practical exposure, and consistent engagement with the latest industry resources, law students can position themselves to excel both in the legal profession and in legal research, particularly in specialized areas like competition law.
After managing such demanding professional responsibilities, how do you unwind and relax? Do your hobbies, like chess and cricket, provide a mental break, and in what ways do they contribute to your overall well-being?
For me, engaging in hobbies like chess and cricket plays a significant role in providing that mental break. These activities not only offer a refreshing escape from the intensity of my professional commitments but also contribute meaningfully to my overall well-being.
Chess is particularly beneficial as it helps me sharpen my focus and strategic thinking. The game requires deep concentration and foresight, which allows me to temporarily step away from legal complexities and immerse myself in a different kind of mental challenge. It also provides a sense of accomplishment when I can improve my skills or solve difficult puzzles. This mental stimulation helps keep my mind agile and balanced, making it easier to return to work with renewed energy and clarity.
Cricket, on the other hand, is a great physical and social outlet. The game allows me to disconnect from the day-to-day stress of my professional life and enjoy time with friends or colleagues. Whether playing or simply watching, cricket offers a great way to relieve stress and foster a sense of camaraderie. Physical activity, whether through a casual match or just active participation, is also essential in promoting physical health, which in turn supports to maintain a stress-free mind.
Both of these hobbies serve as valuable tools for maintaining equilibrium in my life. They provide a structured yet enjoyable way to switch gears, reducing the risk of burnout and improving my productivity when I return to my professional responsibilities. Engaging in activities outside of work also helps me cultivate a sense of joy, creativity, and relaxation, all of which are crucial for maintaining long-term well-being and success.
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