ANTI-TRUST ENFORCEMENT TRENDS IN INDIA – 2025-26

India’s antitrust landscape has entered a more assertive phase in FY 2025–26, with the Competition Commission of India (“CCI”) significantly sharpening its enforcement approach. For multinational companies, this shift has direct implications for legal risk management and internal governance. A key development is the CCI’s increasing reliance on an “effects-based” framework when assessing abuse of dominance. Rather than focusing solely on form, the regulator is examining actual or likely harm to competition, adopting a more forward-looking and economics-driven standard. Recent enforcement actions indicate that India-specific deviations from global policies whether in pricing, warranties, or market access will attract scrutiny if they distort competitive outcomes. This makes it essential for general counsels to carefully review and document the commercial rationale behind any localized strategies.

SECTOR-WISE ANALYSIS OF CCI's FOCUS THROUGH ORDERS - FY 2025-26

Another notable trend is the CCI’s willingness to calculate penalties based on global turnover in cases where India-specific revenue cannot be clearly determined, particularly in cartel matters. This substantially increases financial exposure for multinational enterprises, even where their footprint in the relevant Indian market is limited. At the same time, compliance expectations have evolved. The CCI now treats compliance as a substantive obligation, not a procedural formality. Companies are expected to actively embed robust compliance programs, including regular training, monitoring mechanisms, and internal reporting structures. Repeat violations are likely to attract significantly higher penalties, underscoring the importance of sustained compliance efforts.

Individual liability is also gaining prominence. Under the statutory framework, directors and senior management can be held personally accountable without separate notice, making it critical for organizations to ensure that key personnel are informed and aligned on legal strategy from the outset. The CCI’s jurisdiction is also expanding into emerging and complex areas such as AI ecosystems, labour market practices (including no-poach agreements), and traditionally regulated sectors like telecom and aviation. Additionally, evolving settlement mechanisms both statutory and judicial are offering new pathways for resolving disputes.

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