Our guest contributor Rahul Singh had earlier discussed the key features of the Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Regulations, 2011 that will come into effect on June 1, 2011. In addition, the following columns carry an interesting discussion about the impact of these regulations on business: Merging Business with...
Combination Regulations Under Indian Competition Law
(The following post is contributed by Rahul Singh) The Competition Commission of India (the “CCI“) has on 11 May, 2011 notified the Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Regulations, 2011 (No 3 of 2011) (“Combination Regulations“) under the Competition Act, 2002 (the Competition Act). Background...
Notification of Merger Review Provisions under Competition Law
(The following post has been contributed by Rahul Singh, Assistant Professor, National Law School of India University, Bangalore (on leave) and Senior Associate, Trilegal) The Ministry of Corporate Affairs (MCA), Government of India has recently notified the provisions for regulation of combination (commonly known as “merger review provisions”) under the Competition Act, 2002. The Competition...
Competition Commission decision on Bank Prepayment charges: The Meaning of ‘Agreement’
The Competition Commission of India has issued its order in Case No. 5/2009 (decision dated 2nd December 2010), Neeraj Malhotra v. Deutsche Post Bank Home Finance Ltd. and others. A copy of the majority (4-2) decision is available here. Two dissenting orders are available here and here. The decision and the dissents demonstrate divergent approaches over the meaning of the term ‘agreement’ for...
Supreme Court on Powers of the Competition Appellate Tribunal: SAIL v. Jindal Steel
The Supreme Court of India has decided on the scope of the powers of the Competition Appellate Tribunal, in SAIL v. Jindal Steel. Reports of the decision are available on Legally India and Bar and Bench. We will carry a detailed analysis of the decision shortly. UPDATE: The judgment is now available on the JUDIS website – it can be downloaded through a date-wise search. The judgment...
MCA 2009
The previous post highlighted some of the key developments in corporate law and related aspects last year. Since then, I came across a year-end review published by the Ministry of Corporate Affairs (MCA) that details the progress it made last year. While there have been several steps towards easing the procedures for doing business, the Ministry also had to deal with the crisis emanating from...
Competition Law in Transition: Multiplicity of Regulators
In competition law, there seems to be a duopoly situation as far as the regulatory sphere is concerned. The Competition Commission of India (CCI) is already in place with several provisions of the Competition Act, 2002 having been notified to take effect from May 20, 2009. Moreover, the CCI has also begun acting on cases involving cartelisation. Curiously enough, the Business Standard reports...
Imminence of Merger Control Provisions
Although the draft of the merger control regulations under the Competition Act, 2002 were issued as early as January 2008 (more than a year ago), they are yet to be enacted. Specifically, there were concerns from industry that the scope and ambit of the regulations were too wide and onerous. Now that the new Government is in place with a new minister at the helm of affairs, it has been reported...
Competition Commission: Delays in Merger Control
Although the Competition Commission is expected to become functional soon, it appears from press reports that its role pertaining to merger control will commence only in due course and not immediately. The draft of the Competition Commission of India (Combinations) Regulations (discussed earlier on this Blog) is still subject to discussion and finalisation. Until then, M&A transactions...
Imminent Developments in Competition Law
Guest contributor R.V. Anuradha points to a news report indicating that the long-awaited Competition Commission of India (CII) would be functional on April 1, 2009. This will replace the existing Monopolies and Restrictive Trade Practices Commission (MRTPC) signifying an important step in Indian competition law. As the news report states, that day will also mark another milestone, which is the...
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