In April 2023, the Indian Parliament passed the Competition (Amendment) Act, 2023 (Amendment Act), making far reaching changes to the Competition Act, 2002. On 18 May 2023, the Government of India brought several provisions of the Amendment Act into force. The briefing below cover some of the key changes that have just been notified.
Several provisions on the merger control and enforcement fronts, that are likely to impact business are yet to be notified. These include the introduction of deal value thresholds, expedited merger review timelines, framework for settlement and commitments, updates to the leniency regime and penalties based on the global turnover of offending enterprises.
That said, this is an important first step towards implementing key changes to the existing competition law regime. These changes pave the way for the Competition Commission of India to begin the process of public consultation on regulations which will hopefully provide clarity on the implementation of the remaining amendments.
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