India

CREATING CONNECTIONS TO GROW YOUR BUSINESS

McCarthy Tétrault provides a range of integrated business law services for India-related clients. Our focus is two-fold:

  • advising Indian companies wishing to acquire or invest in Canadian companies
  • working closely with local firms and experts to help our Canadian clients benefit from opportunities in India

INDUSTRY EXPERTISE

Power, Mining, Infrastructure and Oil & Gas: With more depth than any other Canadian firm in these sectors, we are frequently engaged to lead our India clients’ most important and complex transactions and projects. Our strengths include significant domestic and international expertise in:

  • M&A transactions
  • Competition and antitrust issues
  • Joint ventures
  • Project development and agreements
  • Operating agreements
  • Imbalance and interconnection agreements

International Trade and Investments: Our team is consistently acknowledged as leaders in their fields and are regularly acknowledged among the leading Canadian practitioners on a global-scale. Members of our group are routinely recognized for their deep understanding of and practical approach to the mechanics of government and the application of Canadian public policy in trade issues. Canada and India’s pending free trade deal and bilateral investment treaty will:

  • provide the fundamental structure for Canada’s economic relationship with India, and
  • provide Indian and Canadian companies with investment opportunities, market access opportunities and remedies to address trade or investment barriers encountered in each country.

Communications: We have experience advising Indian telecom carriers, new entrants and other telecom industry players and users on a variety of legal, policy regulatory issues, and regularly advise domestic and India-owned broadcasters on strategic matters. We have advised investors, governments, regulators and other industry players on developing regulatory frameworks (legislation, policies and regulation), licensing matters, privatization of state-owned telecommunications companies and competition issues, among others. We have advised international operators and investors on expanding into new markets.

Intellectual Property: We routinely provide intellectual property advice to firms based in India as they seek to obtain patent and trademark protection for their clients in Canada, and in the context of obtaining patent and trademark protection for Canadian clients in India. International and national ranking publications in patents, trademarks, copyright, computer and information technology have consistently named our lawyers as thought-leaders in their field.

Tax: We regularly advise on matters relating to structuring and reorganizations in domestic and cross-border business transactions, including corporate finance and corporate reorganizations, as well as general income and commodity tax matters. Our tax practice is consistently rated among Canada’s best, with extensive expertise in cross-border tax issues and planning, including advising on:

  • optimal corporate group structuring
  • cross-border financing structures
  • the use of hybrid instruments, transfer pricing and commodity tax issues

RECENT INDIA-RELATED EXPERIENCE

  • OMERS and Teranet Inc. on the C$530 million sale of DoProcess LP to Dye & Durham Limited
  • Aéroports de Montréal with the negotiation of a major IT outsourcing agreement with India-based IT service provider Wipro
  • Fairfax India Holdings Corporation in the negotiation of a syndicable term credit facility provided by The Bank of Nova Scotia
  • Investissement Québec and Ressources Quebec Inc., in their C$50 million loan and C$125 million equity investment in Tata Steel Minerals Canada Ltd.
  • La Coop fédérée as one of the investors in IFFCO Canada Enterprise’s establishment of a C$1.2 billion nitrogen fertilizer plant in Bécancour, Québec
  • Pfingsten Partners, as Canadian counsel, in its acquisition of TPC Wire & Cable from Premier Farnell
  • WGI Heavy Minerals in its sale of an interest in an India-based subsidiary to V.V. Mineral
  • DRAXIS Health in its US$255 million acquisition by Jubilant Organosys Ltd.
  • the underwriters in Niko Resources Ltd.'s C$126.5 million public offering of common shares