1. Legislation and Enforcing Authorities
1.1 Merger Control Legislation
The merger control regime in India is primarily governed by 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 (Regulations). There are various other regulations and government notifications issued from time to time which also impact the merger control framework in India.
The Competition Commission of India (CCI) (which is the relevant enforcement authority) has also provided additional guidance in the form of:
- “guidance notes” on the preparation of notification forms;
- frequently asked questions (FAQs) on merger control, which are updated from time to time;
- a compliance manual for enterprises; and
- a “do-it-yourself” online toolkit to assist with examining whether or not the authorities must be notified of a transaction.
Please click here to read the full article by Farhad Sorabjee, Vaibhav Choukse, and Aditi Khanna published in The Chambers Global Practice Guides.
Farhad is a senior partner at JSA. He has been in practice for over thirty years and has chaired the Firm’s disputes practice. Before joining the firm as a partner in 2005, Farhad practiced as counsel in leading chambers in Mumbai for over 15 years.
Vaibhav is a Partner with Firm’s Competition Law Practice with over 15 years’ experience.