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FAQs on amendments to Indian merger control

Karan Singh Chandhiok et al., C&A Alert, March 2017

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The original De Minimis Exemption was introduced in 2011 and later amended by way of a notification in 2016, exempted transactions from a notification requirement if the target enterprise (whose control, shares, voting rights or assets were being acquired) had assets of not more than INR 3.5 billion ( USD 54 million) OR turnover of not more than INR 10 billion ( USD 154 million). Whilst this was a valuable attribute of the Indian merger control regime, it had certain limitations – the De Minimis Exemption was limited to only acquisitions and was calculated on the basis of the total value of assets or turnover of the selling enterprise.

On 29 March 2017, in a major move towards improving India’s “Ease of Doing Business Ranking”, the Government of India has made significant changes to the Indian merger control regime by way of a notification (De Minimis+ Notification) issued by the Ministry of Corporate Affairs (MCA).

The changes will not only be welcomed by notifying parties, but also by the Competition Commission of India (CCI), which has seen its Combination Division flooded with merger notifications.

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