INTERNATIONAL : INDIA - MERGER CONTROL - STRUCTURAL BEHAVIOURAL REMEDIES - NOTIFICATION - PROHIBITION - CLEARANCE - INNOVATION

India: Remedies in merger cases

No notified combination has to date been prohibited by the Competition Commission of India (CCI). However, the clearance of some 30 combinations has been subject to the parties implementing structural or non-structural (behavioural) remedies. This article outlines the sometimes innovative approach taken by the (CCI) with regard to remedies when clearing combinations. It sets out the procedures applying to remedies, whether proposed by the parties or by the CCI itself. It then discusses the different types of remedies with reference to the prospective competitive harm to be addressed. Finally, it addresses the all-important question of compliance.

I. Introduction 1. Merger control in India is governed by the Competition Act, 2002 [1] (the “Act”) and a number of regulations, principally the Combination Regulations, 2011 [2] (the “Regulations”), as amended. Section 5 of the Act provides that acquisitions, mergers and amalgamations crossing specified assets or turnover thresholds (collectively, “combinations”) must be notified in advance to the Competition Commission of India (the “CCI”) and may not be completed until clearance by the CCI or a 210-day period has elapsed. Section 6 of the Act prohibits entry into a combination that causes or is likely to cause an appreciable adverse effect on competition (“AAEC”) and such combinations are void. 2. Since the Indian merger control regime came into force in June 2011, there have been over 600

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  • Shardul Amarchand Mangaldas (New Delhi)

Quotation

John Handoll, India: Remedies in merger cases, February 2019, Concurrences Review N° 1-2019, Art. N° 88889, www.concurrences.com

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