Remedies under Indian Merger Control - Emerging Trends

Abstract

First 15 years of Merger Control under Indian Competition Act, 2002  has remained remarkable and the Competition Commission of India (CCI) has evolved into a sophisticated, business-facilitating regulator where it has processed over 1200 merger notifications and developed a broadly consistent jurisprudence and without blocking any single transaction so far, preferring instead to resolve competition concerns (in around 25 cases) through structural or behavioural remedies/ modifications that would mitigate CCI’s concerns. It has throughout looked carefully at proposed acquisitions, mergers and amalgamations, employing increasingly sophisticated analytical tools in complex deals.  This article examines briefly the cases in which remedies, either structural or behavioural, or combination of both, provided and accepted by the CCI.