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The Competition Act 2002 is the principal legislation that regulates combinations such as acquisitions, mergers, amalgamations, and de-mergers in India. Additionally, the Competition Commission of India (CCI) is the statutory authority responsible for evaluating and assessing whether the above-mentioned combinations cause or are likely to cause an appreciable adverse effect on competition within the relevant markets in India. Our team of Competition/Antitrust lawyers is involved in precedent-setting matters, with expertise spanning across regulation of combinations, cartels, abuse of dominance issues, preventive compliance work along with actively filing leniency applications.
We have affirmed the rights of our clients against the unfair conduct and abuse of dominant position by others and vice versa. Our experience across a wide range of industries and practice areas in courts and quasi-judicial bodies equips us to handle civil and criminal antitrust litigation.
Our lawyers represent clients from different industry sectors before the High Court, Competition Commission of India, and Competition Appellate Tribunal (COMPAT).
Through the first Notification, the Central Government has increased thresholds, both assets and turnover, for any transaction to qualify as a combination under Section 5 of the Competition Act, 2002 (Act)by 100%. Consequently, the following shall be the revised thresholds under the Act to trigger the filing requirement for any transaction before the Competition Commission of India (CCI):
Trigger
Time of Filing Notification
Final approval of the proposal of merger or amalgamation under Section 5(c) of the Competition Act by the board of directors of the enterprises concerned; or
Substantive Test for Clearance
In order to determine whether a combination will have or be likely to have an AAEC, the CCI may consider all or any of the following factors stated in section 20(4) of the Competition Act:
Remedies and ancillary restraints
The exchange control regulations primarily govern foreign ownership of assets in India. These regulations list certain sectors:
Foreign to Foreign Transactions
The client’s satisfaction is evident from years of their association with us, more than a decade for a lot of them. We act as an extension of in-house legal teams and act as External Legal Counsel to you. Our efforts are towards being strategic partners in your growth and not to be just a law firm.
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