India's Anti-Trust Framework —
Compliance. Clearance. Confidence.
The Competition Act, 2002 ("Competition Act") is the principal anti-trust law regulating anti-competitive business practices in India. The Competition Commission of India (CCI), established under the Act, is empowered to investigate and penalise enterprises that engage in anti-competitive agreements, abuse of dominant position, or enter into combinations that cause or are likely to cause an Appreciable Adverse Effect on Competition (AAEC) in India.
The Competition Act regulates agreements with vendors, suppliers, customers, and others — including horizontal and vertical agreements — as well as business combinations arising on account of mergers, amalgamations, acquisitions, and joint ventures that cross the prescribed threshold limits. Non-compliance can attract significant penalties and reputational harm.
Juris and Justice advises clients on various aspects of anti-trust laws in India relating to commercial contracts and business combinations — proactively identifying competition risks and ensuring full compliance at every stage.
Three Pillars of the Competition Act
Anti-Competitive Agreements
Section 3 prohibits agreements between enterprises that cause or are likely to cause an AAEC — including cartels, price fixing, bid rigging, and exclusive supply/distribution arrangements.
Abuse of Dominance
Section 4 prohibits dominant enterprises from abusing their market position — through predatory pricing, denial of market access, tying arrangements, or discriminatory conditions.
Regulation of Combinations
Section 5 & 6 mandate CCI approval for mergers, acquisitions, and amalgamations that cross prescribed asset/turnover thresholds — ensuring combinations do not cause AAEC.
How We Can Help You
Juris and Justice advises clients on all aspects of anti-trust laws in India relating to commercial contracts and business combinations:
Anti-Trust Contract Review
Review of standard commercial contracts executed by a business entity — including distribution agreements, supply agreements, franchise agreements, and exclusive dealing arrangements — to confirm whether they are in compliance with anti-trust laws in India and do not risk inviting CCI scrutiny.
CCI Approval for Business Combinations
Assisting clients in obtaining approval of the Competition Commission of India for business combinations — including mergers, amalgamations, acquisitions, and joint ventures that cross the prescribed jurisdictional thresholds under the Competition Act.
Competition Compliance Programs
Designing and implementing comprehensive competition compliance programs for corporates — including training, internal policies, dawn raid preparedness, and whistleblower procedures to reduce regulatory risk.
CCI Investigations & Representation
Representing clients in CCI investigations, enquiries, and proceedings — including responding to information requests, appearing before the Director General, and contesting orders before CCI and the National Company Law Appellate Tribunal (NCLAT).
Dominance & Market Analysis
Advising on dominance assessments, relevant market definition, and the legality of pricing strategies, distribution practices, and other conduct for enterprises with significant market positions in their industry.
CCI Combination Filing — Key Steps
For mergers and acquisitions exceeding the CCI threshold limits, here is how we guide you through the approval process:
Threshold Assessment
Determining whether the transaction crosses CCI's prescribed asset and turnover thresholds and assessing whether any exemptions apply.
Filing Preparation
Preparing comprehensive Form I or Form II filings with detailed market analysis, overlaps identification, and remedies if required.
CCI Review & Query Response
Managing CCI's Phase I (30-day) and Phase II (210-day) reviews — responding to queries, providing additional information, and negotiating remedies.
Approval & Conditions
Securing CCI approval — unconditional or subject to behavioural/structural conditions — and advising on post-approval compliance.
Industries We Advise
Competition compliance or CCI filing?
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