Regulatory Fairness And Limits On Revocation Of Merger Approvals Under The Competition Act, 2002

Introduction

Merger control is one of the most critical functions performed by the Competition Commission of India (CCI). It serves the dual purpose of preventing anti-competitive combinations while facilitating legitimate business transactions that contribute to economic growth. The manner in which the CCI exercises its powers, particularly its power to approve, modify, or revoke approvals, has a direct bearing on investor confidence, deal certainty, and India’s reputation as a destination for foreign investment.

Recent judicial pronouncements have brought renewed focus on the scope and limits of the CCI’s power to revoke previously granted approvals. These decisions underscore the importance of procedural fairness, adherence to statutory timelines, and the need for regulatory actions to be predictable and anchored in law. This article examines the legal framework governing revocation of merger approvals and the principles that should guide the CCI’s exercise of this significant