India’s anti-trust regime requires clarity

By Anand S Pathak,P&A Law Offices

On 15-16 March, the International Bar Association, the Bar Association of India and the Confederation of Indian Industry, among others, held an International Conference on India’s New Merger Notification Regime.

Leading competition law practitioners and regulators from the EU, US and Canada shared their experiences and officers of the Competition Commission of India (CCI) shared their thoughts on the merger control implementing rules.

Anand S Pathak, Partner, P&A Law Offices
Anand S Pathak
P&A Law Offices

During pre-conference meetings on 15 March, an interesting question was raised: What would be the legal implications of deferring the application of the substantive merger control rules in sections 5 and 6 of the Competition Act, 2002, while allowing the remainder of the act to enter into force? While the prospect of a deferment might delight the innocent, the consequences of such an initiative should make the bravest cringe.

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Anand S Pathak is partner-in-charge of P&A Law Offices in New Delhi. He can be contacted at

P&A Law Offices

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