Merger Control In India: Law And Practice

Merger Control in India: Law and Practice by Tarun Mathur aim to provide an overview and landscape of the merger control regime in India as it has developed in this decade. This book seeks to offer an introduction and a practical insight to the students and practitioners of the competition and corporate law about the working of the merger control regime in India. It also intends to undertake the study of the substantive and procedural aspects of the merger control provisions and wherever required, discuss the case laws of the appellate tribunal and the Supreme Court and the decisional practice of the CCI which has developed since the existence of the regime in India.

The following are the other highlights of the book:

1. An in-depth empirical analysis of the trends of the M&A/combination assessment by the CCI.
2. Concise and practical account of the merger control process with the aid of flowcharts and diagrams.
3. Combination filing process and procedure outlines under the applicable statutes.
4. Analysis of tools employed by the antitrust agencies for merger investigations.
5. Detailed analysis of the merger remedies employed by the antitrust agencies.
6. Contains techniques and practical considerations while drafting pre-merger filing notifications.

The book contains several tools designed to help the readers and make the legal aspects of merger control law (and competition law in general) more accessible. The book contains a comprehensive glossary, table of cases, table of reports, guidelines and notifications (arranged alphabetically) which gives a quick and useful reference and act as a good ready-reckoner while reading the book.

This book will be immensely useful for legal practitioners, law students, professors, judges, government officials, policy makers, administrators, researchers, Chartered Accountants, Company Secretaries and anyone interested in learning about the principles of competition laws.

Table of Cases.

Table of Reports, Guidelines and Notifications.

Chapters

1. Introduction to Merger Control Law in India.

2. Institutional Framework for Assessment of Combinations.

3. Core Concepts, Theories of Harm, and Types of Mergers.

4. Key Issues Under Indian Merger Control Laws.

5. Combination Filing Process and Procedure.

6. Tools and Techniques Adopted for Combination Investigation.

7. Assessment of Relevant Market in Merger Control Cases.

8. Assessment of Appreciable Adverse Effect on Competition under Indian Merger Control Regime.

9. Merger Remedies.

10. Preparing and Filing the Combination Notification Forms and Strategic Considerations for Merger Filing.

Annexures

I. Competition Act, 2002.

II. Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011.

III. Extracts of SVS Raghavan Committee Report.

IV. Guidance Notes Issued by the CCI.

V. FAQs on Combinations Issued by the CCI.

VI. Notification Regarding Exemption of Oil and Gas Companies.

VII. Notification Regarding Exemption of Nationalized Banks from Sections 5 and 6 of the Competition Act, 2002.

VIII. Notification Regarding Exemption of Regional Rural Banks from Sections 5 and 6 of the Competition Act, 2002.

IX. Notification Regarding Exemption from Notifying a Combination Within Thirty Days Mentioned in Section 6(2) of the Competition Act, 2002.

X. Notifications Regarding (a) Relevant Assets and Turnover in Case a Portion of an Enterprise or Division or Business is Being Acquired, Taken Control of, Merged or Amalgamated with Another Enterprise; (b) De Minimis Exemption.

XI. Notifications Regarding (a) Exemption Regarding “Group”; (b) Target Exemption; (c) Increase in Value of Assets and Turnover.

Glossary of Antitrust Terms.

Subject Index