In review: Merger control in India

The chapter seeks to provide an overview of the merger control regime in India, and the Competition Commission of India’s (CCI) role in its evolution over the past decade. It examines the jurisdictional and substantive issues from a regulator and industry standpoint. It analyses the applicability of minority acquisition exemption, the interpretation of ‘control’ by the CCI, the requirement to notify inter-connected transactions, the introduction and acceptance of novel remedies, and the issues arising from common shareholders in competing enterprises. The chapter discusses recent policy issues and legal developments, such as the recommendations of the Competition Law Review Committee Report, 2019, the amendments in the Competition (Amendment) Bill, 2020, the introduction of the ‘green channel’ route, and the CCI’s increased scrutiny in the e-commerce market. It concludes by commending and critiquing the nascent Indian merger control regime which is constantly evolving in line with the international best practices.