India merger control

Copyright © 2025 LexisNexis
Produced in partnership with AZB & Partners
Practice notes

India merger control

Copyright © 2025 LexisNexis

Produced in partnership with AZB & Partners

Practice notes
imgtext

STOP PRESS: this guide is currently in the process of being updated following recent changes to India’s Merger control regime.

A conversation with Gaurav Bansal, partner, Toshit Shandilya, senior Associate, and Atish Ghoshal, associate at Indian law firm AZB & Partners, on key issues on merger control in India.

NOTE—to see whether notification thresholds in India and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Indian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in India?

There have been a few developments impacting the Indian merger control regime.

On February 2020, the Ministry of Corporate Affairs launched a consultation on proposals to amend the law. The proposed changes, which were introduced by way of the Competition (Amendment) Bill, 2020, are yet to be approved by the Indian parliament and proposes the following amendments in relation to merger control::

  1. •

    greater powers to investigate technology mergers that currently fall outside the thresholds,

  2. •

    to allow central government

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Merger control definition
What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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