INTRODUCTION
On 10 September 2024, the merger control provisions of the
Competition (Amendment) Act 2023 (Amendment Act) along with the
attendant rules and regulations have been made effective. The key
changes are discussed below.
- ENFORCEMENT OF THE TRANSACTION SIZE OR DEAL VALUE
THRESHOLD (DVT)
DVT has been introduced as an additional notification threshold to
determine whether a transaction will require prior approval from
the Competition Commission of India (CCI). The existing asset /
turnover based thresholds will continue to exist alongside the DVT.
Pertinently, transactions that meet the DVT will not benefit from
the Small Target / De Minimis Exemption.
Under the DVT, a transaction will require prior approval from the
CCI if (i) the “transaction value” is more than INR 20
billion (~USD 239.52 million / ~EUR 220.87 million) and (ii) the
target (whose shares, voting rights, assets or control is being
acquired or is merged or amalgamated) has
