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ARTICLE · 27 APRIL 2017

Merger Control Exemptions Expanded- Better Late Than Never!

Nishith Desai Associates
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Unless specifically exempted, the Competition Act requires every 'combination' to be notified to the CCI in the manner set out in the Competition Act read along with the CCI (Procedure in regard to the transaction of business relating to combinations) Regulation, 2011...

IndiaCorporate/Commercial Law
Jenisha Kirti Parikh
Jenisha Kirti Parikh
Vinay Shukla
Vinay Shukla
Simone Reis
Simone Reis
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  • De-minimus exemption extended to mergers and amalgamations as well.
  • Asset and turnover of only the portion which is being transferred to be considered for the purposes of the merger control thresholds.
  • Method of calculation of assets and turnover of such portion also provided.

INTRODUCTION

On March 27, 2017 the Ministry of Corporate Affairs issued a notification ("2017 Notification") under the Competition Act 2002 ("Competition Act") which provides for the following (i) an increase in the type of transactions that would be exempt from seeking approval from the Competition Commission of India ("CCI") under Section 5 and Section 6 of the Competition Act on basis of certain de-minimis thresholds; (ii) a more commercial way of computing the value of assets and turnover for the purposes of Section 5 of the Competition Act in case of acquisition, taking control of, or merger of a portion of an enterprise or division or business; and (iii) an extension of

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