Indian Experience with the Merger Control Remedies
Research Associate, Level II (Economics), Competition Commission of India
Ms. Amrita Nambiar
Research Associate, Level II (Law), Competition Commission of India
Volume III – Issue II, 2021
Competition policies are implemented to forbid abuse of market power. Prevention of collusive practices, abuse of dominant position by enterprises and merger control come into the purview of competition laws. Merger control is an important tool for competition authorities across the globe for preventing appreciable adverse effects of competition (AAEC) emanating from a combination. It is a well-established fact that the system of merger control has a greater impact on firms as well as market because of corporate transactions being subject to mandatory pre-notification rules and guidelines. Consequently, continual activity in merger control is being witnessed world-wide as a result of which, there is also significant growth in the remedial measures that are ordered and implemented by the competition authorities, for the transactions probable to pose AAEC in the relevant markets. Mostly, rather than prohibiting a merger in its entirety, subject to certain modifications or commitments by the firms, the transaction is allowed to proceed. These modifications are essentially ‘remedies’. This paper discusses in detail the nature, purpose and various types of remedies applied for merger control with special emphasis on the decisional practice of the Competition Commission of India (CCI or the Commission).
Keywords: Competition Law, Mergers, Merger Control, Remedies.