Competition law gets more teeth, mergers to win swifter nod

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Competition law gets more teeth, mergers to win swifter nod


Both homes of Parliament cleared the Competition (Amendment) Bill, 2023, on Monday, paving the best way for the federal government to enact some important adjustments to the nation’s antitrust regime, together with swifter clearances for mergers and acquisitions (M&As). 

The amended law additionally mandates that companies penalised by the Competition Commission of India (CCI) should fork out a minimum of 25% of the penalties levied on them, for his or her appeals to be heard by an appellate tribunal. The definition of turnover below the law has additionally been enlarged to imply “global turnover from all products and services of a contravening enterprise”. 

To make approvals for mixtures (M&As) time-bound and faster, the Bill cuts the general time restrict for evaluation to 150 days, from 210 days, from the date of submitting of discover by the concerned events. Moreover, the CCI could have to body a “prima facie opinion” inside a time-period of 30 days from the receipt of such discover, failing which the mixture shall be thought-about as deemed permitted. 

“While certain amendments are business-friendly and consistent with the government’s ease of doing business mission, others may raise more uncertainty in their implementation,” stated Pallavi Shroff, managing accomplice at Shardul Amarchand Mangaldas & Co. 



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