Regulatory
Competition Law
The Competition Act 2002 (“Competition Act”), read with the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations 2011 (“Combination Regulations”), govern the manner in which CCI regulates combinations which have caused or are likely to cause an appreciable adverse effect on competition (“AAEC”) in India.
The said provisions requires mandatory pre-notification to the Competition Commission of India (“CCI”) for all acquisitions such as
and mergers/ amalgamations that breaches the financial thresholds unless specific exemptions apply.
The combined asset value and the turnover of the acquirer and the target in the event of an acquisition, and the combined asset value and the turnover of the combined resultant company, in the event of an amalgamation or merger,
The combined value of assets and the turnover of the “group” to which the target/resultant company will belong pursuant to the proposed acquisition/merger.
The combined asset value and the turnover of the acquirer and the target in the event of an acquisition, and the combined asset value and the turnover of the combined resultant company, in the event of an amalgamation or merger,
The combined value of assets and the turnover of the “group” to which the target/resultant company will belong pursuant to the proposed acquisition/merger.
However, a De minimis exemption or small target exemption is available and such transaction does not qualify as a Combination under the Competition Act
