Notice · Bar Council of India

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Overview

The Competition Act, 2002 establishes the Indian competition-law framework. The Competition Commission of India administers merger control under Sections 5 and 6, anti-cartel enforcement under Section 3 and abuse-of-dominance enforcement under Section 4. The Competition (Amendment) Act, 2023 introduced significant changes — a deal-value threshold for merger notification, a settlement and commitment framework, increased penalty caps and changes to the leniency regime.

The competition matter is decided in the document review. The arguments only frame what the documents say.

Areas

Sec. 5/6

Merger Control

Combination notifications, Form I and Form II filings, Phase II investigations and modifications.

Sec. 3

Cartels

Bid rigging, price fixing, market sharing and customer allocation investigations and defence.

Sec. 4

Abuse of Dominance

Predatory pricing, exclusive dealing, tying and refusal to deal investigations.

CCP

Compliance Programmes

Competition compliance design, training, audits and ex-ante advice on commercial conduct.

Merger Control

Indian merger control is governed by Sections 5 and 6 of the Competition Act, the CCI Combinations Regulations 2011 and the post-2023 amendments. Notifiable transactions cross either the asset/turnover thresholds or the new deal-value threshold of ₹2,000 crore in transactions involving entities with substantial business operations in India. The firm acts on Form I and Form II filings, Green Channel transactions and complex Phase II investigations.

Cartels

Cartel enforcement under Section 3(3) has expanded significantly. Bid rigging, price fixing, market sharing and customer allocation are presumed anti-competitive subject to the firm's ability to rebut the presumption with documentary evidence. The firm advises on cartel defence, leniency applications under the CCI Lesser Penalty Regulations, and parallel cross-border defence.

Abuse of Dominance

Abuse-of-dominance enforcement under Section 4 covers predatory pricing, exclusive dealing, tying and bundling, refusal to deal, and discriminatory pricing. The CCI's investigative practice has expanded into digital markets, where the dominance and abuse questions take on new dimensions.

Compliance

Competition compliance programmes — training, audit, document-discipline protocols, ex-ante advice on commercial conduct — protect against both first-instance enforcement risk and the post-investigation discount in penalty determination.

NCLAT Appeals

Appeals from CCI orders lie to the National Company Law Appellate Tribunal under Section 53A and from there to the Supreme Court under Section 53T. The firm has acted in NCLAT appeals on substantive findings of contravention, penalty quantum and procedural challenges.

Engage the Firm

For competition matters that turn on document discipline.

Engage the Firm