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Indian Merger Control – More Than Just A Condition Precedent

Nisha Kaur Uberoi, Lawyer Issue, June 2015

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June 2015 marks four years of enforcement of the Indian merger control regime. Over the last four years the decisions of the Competition Commission of India (“CCI”) have steadily shaped the merger control landscape in India. Rather than viewing the merger control regime as a mere mandatory filing obligation required before the closing of certain transactions, industry has been forced to sit up and take notice of the regime as a transforming force while doing business in India and notifying parties are required to assess the competition law implications arising out of a proposed transaction right since the inception of deal negotiation. This article highlights a few key decisions of the CCI that establish the increasingly important role played by it in the M&A space and cement the CCI’s stance as an efficient, effective and pro-active regulator.

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