Certain provisions of the Competition (Amendment) Act, 2023, with effect from 10 September 2024, revamp the Indian merger control regime. Key amendments include a new deal value threshold, reduced review timelines for the CCI, a derogation for stock market transactions, codification of de-minimis exemption rule, codification of green channel rules, and new exemption criteria for minority acquisitions, incremental acquisitions, demergers, and acquisitions by financial intermediaries. These changes aim to streamline the merger review process and introduce new standards to assess notifiability of transactions.
On 9 September 2024, the Ministry of Corporate Affairs notified certain provisions of the Competition (Amendment) Act, 2023 (Amendment Act) overhauling the merger control regime in India with effect from 10 September 2024. These provisions pertain to:
There is no transitional leeway for the applicability of these provisions, and they would apply to all transactions which will come into effect from and after 10 September 2024 (Effective Date). The new Competition Commission of India (Combinations) Regulations, 2024 (Combination Regulations, 2024) clarify that as on Effective Date:
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