A Review Is Needed : Why India's Antitrust Regulator Should Scrutinize the Facebook-WhatsApp Merger

Competition Law Insight, July 2014

7 Pages Posted: 7 Dec 2014

See all articles by Avirup Bose

Avirup Bose

Competition Commission of India

Date Written: June 6, 2014

Abstract

This short article argues why the Competition Commission of India should elect to review the Facebook-WhatsApp merger, even if the transaction does not technically breach the monetary and asset thresholds, prescribed under the provisions of the Indian Competition Act, 2002. In doing so, the article attempts to highlight the existing enforcement gap in the merger control jurisprudence of India and discusses the concept of a catch-all ‘regulatory jurisdiction,’ which should be adopted by the Commission to review mergers having overwhelming public consequences for Indian consumers.

Keywords: India, Merger Control, Competition Law, Merger, Facebook, WhatsApp

JEL Classification: G34, L49, K21

Suggested Citation

Bose, Avirup, A Review Is Needed : Why India's Antitrust Regulator Should Scrutinize the Facebook-WhatsApp Merger (June 6, 2014). Competition Law Insight, July 2014, Available at SSRN: https://ssrn.com/abstract=2534732

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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