The BGA India Team led by Managing Director Ratan Shrivastava, wrote an update to clients on new amendments to India’s competition law and new authority granted to the Competition Commission of India (CCI).

Context

  • The Parliament of India successfully passed the Competition (Amendment) Bill, 2023 (“the bill”) during the ongoing budget session. The bill significantly amends the Competition Act, 2002 (“2002 act”) and brings it closer to international best practices while introducing provisions that reflect changes taking place in India’s digital markets.
  • As India moves closer to becoming a $5 trillion economy, the decision to amend and attune the 2002 act to global trends reflects the needs of business operations while providing ease of compliance and quicker resolution of M&A disputes.

Significance

  • The bill introduces deal value as an additional threshold for notification of M&A deals, including all deals whose transaction value exceeds $250 million as a criterion for CCI’s regulation and approval. The 2002 act only required notification of deals in which entities involved had a threshold of $125 million in assets or $375 million in turnover.
  • The bill broadens the scope of anti-competitive agreements by expanding coverage to hub-and-spoke cartels, sellers, sales of goods and services and indirect restrictions. One of the most significant changes relates to “hub-and-spoke cartels” because even entities that are not engaged in identical or similar trade shall now be considered part of anti-competitive agreements.

Implications

  • The bill will impact all M&A deals involving any company with a substantial business presence or user base in India, including in the technology and startup industries.
  • Companies should rework their due diligence and standard operating procedures to incorporate these amendments while considering M&A deals. Businesses should also closely monitor developments and engage in the consultative process by providing input on the new regulations when they are proposed by CCI.

BGA will continue to keep you updated on developments in India. If you have questions or comments, please contact BGA India Managing Director Ratan Shrivastava at ratan@bowergroupasia.com.

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Managing Director

Ratan is a senior executive and management consulting professional who has a proven track record in government, consulting and industry across India and Southeast Asia, with a wide network across stakeholders. He has been instrumental in developing and implementing growth strategies for both the public and private sector and has led diverse teams to secure new market opportunities. Prior to joining BGA, Ratan was at KPMG India where he helped the integration of the small and medium industry clusters, with the domestic and global aerospace, defense and space supply chains. He also served as an advisor at the Federation of ... Read More