Competition Newsletter – May 2026

In this edition of the Competition Law Newsletter, we bring to you significant orders passed/published the Competition Commission of India (CCI/Commission) in April and a massive IBC Update which may change the competition landscape.

FROM PRIOR NOD TO POST-PLAN APPROVAL: IBC AMENDMENT

On 29 January, 2025, a three-judge bench of the Supreme Court, by a 2:1 majority in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, held that for any resolution plan under the Insolvency and Bankruptcy Code (IBC) that constitutes a notifiable combination, CCI approval must be obtained prior to the Committee of Creditors (CoC) voting on the plan. The Court ruled that the proviso to Section 31(4) of the IBC is mandatory in nature, not directory, and therefore, a resolution plan cannot be placed before the CoC for approval without first securing the Commission’s nod. This landmark ruling invalidated AGI Greenpac’s plan, which had secured CCI approval after the CoC’s vote but prior to the