RECENT CHANGES IN MERGER CONTROL
REGIME VIS-À-VIS THE COMPETITION ACT
The Indian merger control regime under the Competition Act, 2002, has been in force for nearly five years. The merger control regime was originally issued by the Competition Commission of India (CCI) in May 2011. CCI has since then amended these regulations from time to time on the basis of the wholesale price index or fluctuations in exchange rate of rupee or foreign currencies. The Government has also the power to provide exemptions to certain enterprises from the provisions of the Act in public interest.
The provisions of the Competition Act are to be read together with the notifications issued, from time to time, by the Ministry
of Corporate Affairs (MCA), Government of India and the Competition Commission of India (CCI) Regulations, 2011. Exercising its powers, the Ministry of Corporate Affairs (MCA) has previously enhanced the jurisdictional thresholds under the Competition Act and also introduced exemptions.