Tag: Competition/Antitrust

AI regulations in India

The Impact of India’s Data-Related Laws and Policies on AI Development and Deployment

Insights | July 23, 2025 | Practice Area: , , , , , ,

The rise of Artificial Intelligence (“AI”) and Machine Learning (“ML”) promises both opportunities and risks. To address such risks while leveraging the power of AI/ML for new areas of growth, stakeholders need to remain attentive to an evolving regulatory landscape. Unlike the European Union, India is yet to enact an overarching law on AI. Nevertheless, AI developers, deployers, investors, and other relevant entities in the AI supply chain must stay informed about existing and emergent regulatory initiatives across several industries, sectors, and legal regimes. Given India’s ongoing policy and legislative attempts to govern AI, especially with respect to addressing deployment-related concerns and potential harm, the outcome of such processes is likely to emerge soon, even if in fragmented fashion.
Since AI model training relies heavily on data, India’s fast-developing data protection framework warrants special attention. Balancing compliance with innovation will remain crucial for organizations as they aim to thrive under India’s regulatory ecosystem on digital data and AI.

merger control

CCI issues Updated FAQs on Merger Control

Legal Updates | June 9, 2025 | Practice Area: ,

The Competition Commission of India (“CCI”) has introduced an updated version of the Frequently Asked Questions (“FAQs”) on combinations. The updated FAQs provide guidance on definition of ‘control’ under the Competition Act, 2002, clarification on certain aspects relating to deal value thresholds, stock exchange purchases (which require approval of the CCI), and several other key aspects of India’s merger control regime. This note provides a detailed description of the clarifications within the FAQs, and the implications of these clarifications on transactions going forward.

legislative amendment

‘Prior’ CCI Approval of Resolution Plans: A Case for a Legislative Amendment

Insights | April 28, 2025 | Practice Area: , , , , ,

The recent judgment of the Supreme Courtin Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors. has reignited the debate on whether the approval of the Competition Commission of India (“CCI”) must precede the Committee of Creditors (“CoC”) approval in the insolvency process. This note critiques the Court’s strict interpretation of the proviso to Section 31(4) of the Insolvency and Bankruptcy Code, 2016 and supports the dissenting opinion, arguing for a liberal interpretation of the proviso to Section 31(4). The note proposes a legislative amendment to the proviso, proposing that CCI approval be requiredprior to approval of the adjudicating authority(i.e., the NCLT) instead ofprior to CoC approval, to better balance regulatory compliance with efficiency of the insolvency process.

Investing in India: An Overview of Legal Considerations – 2025 Checklist

Insights | February 5, 2025 | Practice Area: , , , , , ,

Foreign investment continues to play a crucial role in India’s economic growth with India achieving the milestone of having received USD 1 trillion of foreign direct investment since April 2000. While the cumulative FDI received in the financial years ended March 31, 2023, and March 31, 2024 remained similar, there has been an increase in the FDI received between April 2024 to September 2024 in comparison to previous years.
This note examines certain key legal considerations for foreign investors investing in India and highlights key updates included in the legal framework during the calendar year 2024.

competition act 2002

Key Changes to the Competition Act, 2002

Legal Updates | October 3, 2024 | Practice Area: ,

The Ministry of Corporate Affairs, Government of India, and the Competition Commission of India (“CCI”) have introduced certain amendments to the Competition Act, 2002 (“Competition Act”) and the regulations framed thereunder. These include introduction of deal value thresholds to the Competition Act, relaxations for open offers and implementation of stock exchange purchases, changes to certain exemptions to test the notifiability of transactions, and changes to the CCI review timelines. This note describes the changes introduced to the Competition Act and the regulations framed thereunder.

investing in ai

Investing in AI in India (Part 2): Tracking the Regulatory Landscape

Insights | August 27, 2024 | Practice Area: , , , ,

Prospective investors in Indian artificial intelligence (“AI”) companies should familiarize themselves with the Indian government’s initiatives in AI regulation and the direction of future regulation. This note, the second of a multi-part series on investing in the Indian AI sector, outlines some of the key developments in AI in the country. However, it is important to keep in mind that India’s approach to AI governance may change in the future, given the rapidly evolving nature of technology as well as the country’s dynamic regulatory trajectory, including with respect to data, intermediary liability, digital technologies, telecommunications and digital competition, as discussed in this note.

Competition Amendment Bill 2022

Competition Amendment Bill, 2022: Key Changes to the Competition Act, 2002

Legal Updates | August 17, 2022 | Practice Area: ,

On August 5, 2022, the Competition (Amendment) Bill, 2022 (the “Bill”), to amend the Competition Act, 2002 (the “Competition Act”), was introduced in the Indian Parliament. The timing of approval of the Bill, and its coming into effect, is uncertain at present. The Bill introduces certain new concepts into the field of Indian competition law, including Deal Value Thresholds, the changes to the definition of ‘control’, and mechanisms to settle certain violations of the Competition Act. It also provides for practical and much-needed updates to the Indian competition law regime, including relaxations for implementation of stock exchange purchases, proposed publication of guidelines for fines, and reduction of timeframes for the Competition Commission of India’s approval. This note provides detailed description of the changes proposed by the Bill.

digital markets

Digital Markets Must be Defined Well for Competition Regulation

Insights | May 19, 2022 | Practice Area: , ,

The rise of the digital sector has presented unique challenges for Indian regulatory authorities, including the Competition Commission of India (“CCI”), thanks to significant differences in the way such markets operate compared to traditional markets. There is growing demand, worldwide and in India, to hold digital platforms responsible and accountable for adverse impacts caused by them. A preliminary step involved in such probes is that of defining a ‘relevant market’ within which such digital platforms operate. This note analyzes the CCI’s approach on defining a ‘relevant market’ in the digital sector so far, and the need of the hour in terms of considering all substitutable and interchangeable products or services while defining such markets.

pvr inox

The PVR-INOX Merger: Bouncing Back from the Pandemic

Legal Updates | April 6, 2022 | Practice Area:

On March 27, 2022, PVR Limited announced that it proposes to merge with INOX Leisure Limited. The combined entity will be rebranded as ‘PVR INOX’ and will have a network of 1,546 theatres. Ordinarily, a deal of such magnitude would have required prior approval from the Competition Commission of India, however the decreased revenue of the parties owing to the pandemic appears to have provided a unique benefit to this deal. This note analyzes the market positions of PVR and INOX, the role of the CCI, and the target based exemption that is applicable to this deal.