Volume 37 (2014) / Issue 2
In 2013, the Competition Commission of India (CCI) adopted three decisions fining companies for delay in notifying transactions under the relevant provisions of Indian merger control law. The decisions are notable because they relate to transactions that: (1) are not reportable under the laws of most merger control regimes around the world (e.g., intra-group transactions), (2) advisors would not routinely expect to require notification in India (i.e., transactions with no immediate, substantial, or foreseeable effect in India), and/or (3) were not ultimately implemented. Critically, there is no suggestion that these were necessary because the transaction in question was likely to give rise to an appreciable adverse effect on competition in India. This article seeks to identify and analyse the implications of those decisions for companies (and their advisors) who do business in India.
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