Indian Merger Control: The Tricky Question of Insignificant Local Nexus

Competition Law Insight, July 9, 2013

7 Pages Posted: 8 Dec 2014

See all articles by Avirup Bose

Avirup Bose

Competition Commission of India

Date Written: June 27, 2013

Abstract

In this short article, I discuss the question of insignificant local nexus under Indian merger control law. The [Indian] Competition Act, 2002, and rules framed there-under, empowers the Competition Commission of India to exercise extra-territorial jurisdiction to review foreign-to-foreign transactions which has ‘significant local nexus’ or ‘effects competition’ in India. What amounts to such ‘significant’ local nexus remains unexplained under Indian competition law and this article reviews the limited decisional practice of the Commission to seek answer to that tricky question.

Keywords: India, competition law, merger control, cross border transactions, global mergers, local nexus

JEL Classification: G34, L49, K21

Suggested Citation

Bose, Avirup, Indian Merger Control: The Tricky Question of Insignificant Local Nexus (June 27, 2013). Competition Law Insight, July 9, 2013, Available at SSRN: https://ssrn.com/abstract=2534943

Avirup Bose (Contact Author)

Competition Commission of India ( email )

The Hindustan Times House
18-20 Kasturba Gandhi Marg
New Delhi, 110001
India

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