Implementation of Merger Remedies in Indian Competition/Antitrust Law– Jurisprudential Journey of the Competition Commission of India in the Last Decade

Devanshu Gupta () and Saroj Chhabra
Additional contact information
Devanshu Gupta: Cyber Law & Data Governance Division of the Ministry of Electronics & Information Technology (MeitY)
Saroj Chhabra: GLA University

Review of Industrial Organization, 2025, vol. 67, issue 3, No 5, 317-341

Abstract: Abstract Remarkably, the Competition Commission of India (CCI) has never sought to block outright a proposed combination (acquisition, merger or amalgamation of enterprises/groups). Instead, if the CCI finds after an investigation that a proposed combination would be likely to harm competition in one or more markets, its response is to impose conditions– “remedies”– on the deal. As in jurisdictions around the world, these conditions may be behavioral, structural, or some mix of the two (hybrid remedies); also, as in other jurisdictions, structural conditions are in principle favored over behavioral, as they typically do not require ongoing monitoring of the merged firms. This paper, after discussing the most important provisions and case laws in the Indian Competition Act, places the CCI’s approach to merger remedies in the context of practices that are observed in other jurisdictions. It discusses the details of the remedies that have been imposed in important merger investigations over the past 10 years (2014–2024) and closes with recommendations for bringing the CCI remedies approach up to world best practices.

Keywords: Competition Law/Anti-trust; Competition Commission of India (CCI); Combinations; Merger & Acquisition; Merger control; Merger Remedies; Structural remedies; Behavioral remedies; Hybrid remedies (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
http://link.springer.com/10.1007/s11151-025-10022-4 Abstract (text/html)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:kap:revind:v:67:y:2025:i:3:d:10.1007_s11151-025-10022-4

Ordering information: This journal article can be ordered from
http://www.springer. ... on/journal/11151/PS2

DOI: 10.1007/s11151-025-10022-4

Access Statistics for this article

Review of Industrial Organization is currently edited by L.J. White

More articles in Review of Industrial Organization from Springer, The Industrial Organization Society Contact information at EDIRC.
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().