The Competition Commission of India’s (CCI) journey with “control” has been the subject of much discussion in Indian competition law circles As we witness an increase in reliance on technology as well as a consolidation in conventional industries, both catalyzed by the Covid-19 pandemic, there is a marked increase of activity in the Indian merger market It is therefore crucial for businesses contemplating mergers and acquisitions, to have a clear sense of the hurdles they need to cross, particularly if the merger activity in question falls in the same or a related industry The CCI would thus need to provide clarity on what constitutes control, and when transacting parties should approach the CCI The CCI must also be transparent about control transactions resulting in anti-competitive effects This paper proposes that the CCI provide guidance on what amounts to control, from the perspectives of both notifiability and competitive effects, to resolve the CCI’s control quandary [ABSTRACT FROM AUTHOR] Copyright of European Competition Journal is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission However, users may print, download, or email articles for individual use This abstract may be abridged No warranty is given about the accuracy of the copy Users should refer to the original published version of the material for the full abstract (Copyright applies to all Abstracts )
Competition commission of India’s “control” conundrum – practice, precedent, and proposals