1. Overview
The Indian merger control regime came into effect on 1 June 2011
with the notification of Sections 5 and 6 of the Competition Act,
2002 (Competition Act). The regime is governed by the Competition
Act, notifications issued by the Ministry of Corporate Affairs,
Government of India ("MCA") and the
Competition Commission of India (Procedure in regard to the
transaction of business relating to combinations) Regulations 2011
as amended up to 15 August 2019 ("Combination
Regulations"). Under the Indian merger control
regime, a 'combination' (i.e., an acquisition, merger or
amalgamation) must be notified to and approved by the Indian
competition authority, the Competition Commission of India
("CCI"), if it breaches the prescribed
asset and turnover thresholds and does not qualify for any
statutory exemptions. The requirement to notify the CCI is
mandatory and such combinations are subject to a
'standstill' or suspensory obligation, until approved by
the CCI
