Evolving Character of the Indian Merger Control Regime
##plugins.themes.academic_pro.article.main##
Abstract
This article examines the evolving character of the Competition Commission of India (CCI) as regards merger review and discusses how CCI has fared in meeting legislative expectations and what is to come—best studied through analysing CCI’s substantive and procedural approaches, its stance in complex merger cases, initiatives for efficient case disposal, and the quirkier aspects of India’s merger control regime. The analysis shows that, through constant reforms, CCI has evolved into one of the most dynamic regulators amongst major merger control jurisdictions globally, displaying a willingness to adopt a business-friendly approach while dealing with complex transactions. CCI appears to be sufficiently adaptable to meet new economy challenges.
##plugins.themes.academic_pro.article.details##
References
- Competition & Markets Authority [CMA]. (2022). Mergers: Guidance on the CMA’s jurisdiction and procedure. https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/ file/1044636/CMA2_guidance.pdf
- Competition Act, 2002.
- Competition (Amendment) Bill, 2022, Bill No. 185 of 2022.
- Competition Commission of India v. Thomas Cook (India) Limited & Anr, (2018). https://main.sci.gov.in/supremecourt/2015/35723/35723_20 15_Judgement_17-Apr-2018.pdf
- M/s Eli Lilly and Company v. Competition Commission of India, (2020). https://nclat.nic.in/sites/default/files/migration/upload/15914176 955e6a2dace9e22.pdf
- SCM Solifert & Anr. v. Competition Commission of India, (2018). https://main.sci.gov.in/supremecourt/2016/37091/37091_2016_ Judgement_17-Apr-2018.pdf