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ARTICLE · 27 FEBRUARY 2019

Control Under The Competition Law Regime

Luthra and Luthra Law Offices India
Luthra and Luthra Law Offices India
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Luthra and Luthra Law Offices India

Luthra and Luthra Law Offices India

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The term ‘control' does not have a singular definition under different laws.

IndiaAntitrust/Competition Law

The term 'control' does not have a singular definition under different laws. Given the broad interpretation of 'control' and lack of formal guidance, one is frequently faced with queries pertaining to what may constitute 'control' for a particular regulator. There are a number of statutes which entail enquiry into the domain of 'control'1. However, the definition of 'control' codified under different laws are very broad, and are either identical to or similar to the definition of control as provided under the extant FDI Policy:

"Control shall include the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements."

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