Tag: International Developments
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Interpreting ‘Users’ Under India’s Deal Value Threshold
[Swechha Gupta and Animisha Dwivedi are fifth-year B.A. LL.B. (Hons.) students at the National Law Institute University (NLIU), Bhopal] The Competition (Amendment) Act, 2023 introduced a Deal Value Threshold (“DVT”) into India’s merger control regime. Under the framework, combinations with a transaction value exceeding ₹2,000 crore must now be notified to the Competition Commission of India, provided that the target…
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US DOJ’s New Corporate Enforcement Policy: A Practical Guide for Indian Companies
[Kartikey Mahajan is a Partner, Prerna Jain and Bhavya Chengappa are Principal Associates, all part of the Dispute Resolution practice group of Khaitan and Co.] On 10 March 2026, the US Department of Justice (DOJ) issued its first-ever department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP), which is a critical risk-management framework for companies, including Indian ones, operating globally. CEP offers a…
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A Proposal to Transpose the Delaware Appraisal Remedy to Indian Squeeze-outs
[Subham Kumar Agarwal is an upcoming fourth-year student at the West Bengal National University of Juridical Sciences] India’s public takeover regime is largely frontloaded with the Securities and Exchange Board of India (“SEBI”) imposing significant ex-ante discipline on the players. Yet where an acquirer holding significantly high shares in a company, usually following a takeover, attempts to acquire…
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Tiger Global Case: Can the Supreme Court Ensure Predictability in Taxation?
[Samridhi Singh is a student at National Law University, Patna] On January 15, 2026, the Supreme Court of India pronounced its judgment in Authority for Advance Rulings (Income Tax) (“AAR”) v. Tiger Global International II Holdings (“Tiger Global”), creating a further knot in the rope of predictable taxation when it comes to double taxation avoidance treaties (“DTAA”). While…
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Reforming the Runway: A Case for Rethinking Global Airport Slot Allocation
[Anirudh Iyer and Arnav Kaushik are 3rd-year B.A.LL.B(Hons) students at RMLNLU, Lucknow] In the aftermath of IndiGo’s large-scale flight cancellations in December 2025, the Directorate General of Civil Aviation (DGCA) mandated the surrender of 10 per cent routes from the winter schedule of India’s largest airline. To reassign these empty slots, the Ministry of Civil Aviation formed a Coordination Committee that would work…
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India’s Reverse-Flip Wave: Regulatory Breakthroughs and Enabling Frameworks
[Dev Goyal and Manas Divetia are IV Year B.B.A. LL.B. (Hons.) students at Gujarat National Law University, Gandhinagar] India’s reverse‑flip moment is here, with major transactions demonstrating the practical benefits of its improved regulatory framework. Groww’s May 2024 return from Delaware coincided with impressive performance gains for the company, including a tripling of net profit to INR 1,819 crore and substantial…
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The Debt Shift: How the RBI is Quietly Reshaping India’s M&A and Competition Landscape
[Himanshu K. Mishra is a fourth year student at the National Law Institute University, Bhopal] On October 1, 2025, the Reserve Bank of India (“RBI”) issued its Statement on Developmental and Regulatory Policies. Quietly buried in items 5 and 6 is a measure that, understated in tone, has a significant potential to fundamentally rewire India’s mergers and…
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Recent FCPA Policy Changes in the US: Implications for Indian Businesses
[Kartikey Mahajan is a Partner, Bhavya Chengappa a Principal Associate, and Rohan Sanjith a Paralegal, all at Khaitan & Co.] The landscape of U.S. Foreign Corrupt Practices Act (FCPA) enforcement has fundamentally shifted in 2025, as the US Department of Justice (DOJ) implements sweeping policy changes that prioritize American economic interests while refocusing anti-corruption efforts on transnational criminal organizations. These…
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India’s Gun-Jumping Framework: When Does a Combination “Come Into Effect”?
[Rashi Kumari is a 4th year law student at the National University of Study and Research in Law, Ranchi and Ananyashree Jaiswal a 4th year law student at the Gujarat National Law University, Gandhinagar] Gun jumping, i.e., a premature implementation of a combination before receiving regulatory approval, has emerged as a significant global antitrust concern. In India, section 6(2A) of the…
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ICJ’s Advisory Opinion on Climate Change: Implications for Private Actors
[Umakanth Varottil is a Professor of Law at the National University of Singapore] On 23 July 2025 the International Court of Justice (ICJ) issued its landmark advisory opinion on the “Obligations of States in Respect of Climate Change”. Despite its non-binding nature, the advisory opinion carries considerable weight under international law that States would have to…