The Asia-Pacific Antitrust Review 2013

India: Merger Control

Introduction Competition law in India is governed and regulated by the Competition Act 2002 (the Competition Act) and its underlying regulations. On 4 March 2011, the government of India issued notifications relating to, inter alia, bringing into effect from 1 June 2011 onwards the merger control regime in India and raising the asset and turnover thresholds provided in Section 5 of the Competition Act, and introduced certain exemptions. Additionally, on 11 May 2011, the Competition Commission of India (CCI) issued the Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Regulations 2011 (Regulations). On 23 February 2012, just eight months into the merger control regime, the Regulations were amended through the Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Amendment Regulations 2012 (Amendment Regulations) with a view to clarifying and addressing concerns and gaps which were identified in the first few months of the regime.