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ARTICLE · 03 OCTOBER 2019

Anti-Trust Laws For M&A In India

Government has exempted the ‘group' exercising less than fifty per cent of voting rights in other enterprise from the provisions of section 5 of the said act for a period of five years.

IndiaAntitrust/Competition Law

Antitrust Jurisdiction triggering events/thresholds

Q1) What are the trigger events under anti-trust laws?

The threshold tests are:

  1. Where the parties have domestic presence:
    1. a) At least INR 80 billion (USD 1.14 billion approx.) in terms of assets or INR 240 billion (USD 3.43 billion approx.) In terms of turnover on a group-wise basis, or
    2. b) At least INR 20 billion (USD 286 million approx.) in terms of assets or INR 60 billion (USD 857 million approx.) in terms of turnover on an entity-wise basis
  1. Where the parties have cross-border presence:

a) Globally, at least USD 4 billion with at least more than INR 10 billion (USD 143 million approx.) in India in terms of assets or USD 12 billion with at least more than INR 30 billion (USD 429 million approx.) in India in terms of turnover on a group-wise basis, or b) At least USD 1 billion with at least more than INR 10 billion (USD 143 million approx.) in India in terms of assets or USD 3 billion

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