The Supreme Court has recently set aside a INR 2 billion penalty imposed by the Competition Commission of India (“CCI”) in 2021 upon Amazon for alleged gun-jumping and non-disclosure. This update sets out the key takeaways from the Supreme Court’s judgement, including its prioritization of substance over form in filings with the CCI, and the requirement for the CCI to act within the bounds of the Competition Act as well as comply with the principles of natural justice.
Tag: Competition/Antitrust
Investing in India: An Overview of Legal Considerations – 2026 Checklist
Foreign investment continues to play a crucial role in India’s economic growth, with total FDI inflow (since April 2000) crossing USD 1.14 trillion. FDI received during April 2024-March 2025 (the highest in last three financial years) and April-December 2025 represent notable year-on-year increases.
This note examines certain key legal considerations for foreign investors investing in India and highlights recent updates in the legal framework.
A Review of Key Developments in India’s Merger Control Regime: 2024 – 2025
India’s merger control regime has witnessed major developments since late 2024, impacting the process for assessment and notification of combinations under the Competition Act, 2002. This note provides a comprehensive overview of the key updates in India’s merger control laws between 2024 and 2025, and their potential impact on future transactions.
The Impact of India’s Data-Related Laws and Policies on AI Development and Deployment
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.
CCI issues Updated FAQs on Merger Control
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.
‘Prior’ CCI Approval of Resolution Plans: A Case for a Legislative Amendment
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
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.
Key Changes to the Competition Act, 2002
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 in India (Part 2): Tracking the Regulatory Landscape
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.
Changes to the Competition Act, 2002
The Competition (Amendment) Act, 2023, which seeks to amend certain provisions of the Competition Act, 2002 received the assent of the President of India on April 11, 2023. This note provides an overview of the key changes to the Competition Act provided in the Competition (Amendment) Act, 2023.