Merger Regulation under the Competition Act, 2002: A Comparative Legal Perspective

  • Dhiraj Choudhary
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  • Dhiraj Choudhary

    Student at NMIMS Kirit P. Mehta School of Law, India

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Abstract

The paper discusses the regulatory framework governing mergers and acquisitions in India under the Competition Act. It, thus, mainly focuses on provisions put out under India's Competition Act of 2002 and Regulations of 2011 of the Competition Commission of India related to the procedure to be followed for dealing with combinations of business transactions. Mergers and acquisitions regulation is of much importance as it deals with the anti-competitive practice such as market monopolization and consumers' welfare levels. This paper provides an analysis of the economic effects of the different mergers-the horizontal, vertical, and conglomerate types-and their implications on market competition, consumer welfare, and business efficiency. It further elucidates the inquiry processes, legal thresholds, and pre-merger notifications of the CCI in order to avoid anti-competitive practices. It attempts to track and probe the role of the Competition Commission of India in detailed legal mechanisms to prevent monopolistic practices, to protect consumer welfare. By analysing the key cases and decisions passed by the Competition Commission of India, it attempts to assess the strengths and challenges of the current regulatory regime through measuring effectively how well the regulation environment is working. This comparative legal analysis provides insights into the strengths and limitations of India’s merger regulation regime, offering recommendations for more efficient enforcement and sector-specific guidelines to address emerging challenges in various industries.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 321 - 332

DOI: https://doij.org/10.10000/IJLSI.112232

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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