DIY Merger Notifiability Toolkit

Understanding the nuances within the Competition Act and its regulations is crucial to determine when regulatory clearance from CCI is necessary. To address common queries, we have compiled the DIY Merger Notifiability Toolkit for practitioners, unpacking key issues. While expressly clarifying that it is not a substitute for legal advice, the toolkit provides a structured diagnostic framework for conducting a fact-specific notifiability analysis and highlights the mandatory standstill obligation, breach of which may result in gun-jumping penalties and significant legal, financial, and reputational consequences.  

The toolkit organises the assessment into three stages. It firstly examines whether a transaction constitutes a notifiable ‘combination’ under the traditional or non-Deal Value Threshold (“DVT”) which covers acquisitions of shares, voting rights, assets or control, as well as mergers and amalgamations. Notifiability is assessed against statutory asset and turnover thresholds at both enterprise and group levels. Then it is examined if the transaction caused change in control. Transactions meeting these thresholds may still be exempt under the de minimis exemption where the relevant portion of the target business falls below prescribed asset or turnover limits. Second, the toolkit explains the DVT, which operates independently of traditional thresholds. Finally, the toolkit outlines key exemptions. Overall, the toolkit offers a clear and coherent framework for navigating India’s evolving merger notification regime. 

Please feel free to reach out to our Team to discuss any of the Technology Law, Competition Law and Policy Issues.

To read the full toolkit, please download the file below :

PRACTITIONERS’ GUIDE TO MERGER NOTIFICATIONS IN INDIA A DIY TOOLKIT.pdf

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