India’s National Company Law Appellate Tribunal (NCLAT) will begin regularly hearing antitrust appeals for the first time when it convenes in July. Antitrust practitioners expect several new members to be appointed with competition experience.
The Indian government in May dissolved the Competition Appellate Tribunal that previously heard appeals of decisions from the Competition Commission of India. (It also dissolved seven other tribunals.)
NCLAT has now assumed the antitrust appeal duties, even though it has no expertise in antitrust and competition matters.
The change is important for multinational companies looking to merge. India is becoming a major player in global antitrust evaluations. Several recent agrochemical mergers have been reviewed in India, and a few telecom mergers, like Vodafone Group PLC and Idea Cellular Ltd have landed there as well. On June 12, India’s competition authority cleared the tie-up of Du-Pont Co. and the Dow Chemical Co.