Merger Control Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern merger control in your jurisdiction?

The key statutory provisions and relevant regulations and guidelines governing the Indian merger control regime are as follows:

• Competition Act, 2002: This act governs merger control in India. Section 5 provides that an acquisition of shares, voting rights, assets of or control over an enterprise, or a merger or amalgamation of enterprises, requires the prior approval of the Competition Commission of India (CCI) when certain prescribed asset or turnover thresholds are exceeded. Section 6 provides that any transaction that meets the thresholds specified in Section 5 must be notified to the CCI and cannot be consummated without the prior approval of the CCI.