Competition-clearance strategy for foreign acquirers notifying the CCI.
A foreign acquisition can require clearance from the Competition Commission of India even when neither party is Indian, if the target has sufficient assets or turnover in India or the global group crosses the jurisdictional thresholds. The 2023 amendment added a deal-value threshold of two thousand crore rupees for transactions where the target has substantial business operations in India, which brings many technology and digital acquisitions into the net that previously escaped on asset and turnover tests alone.
The 2024 regulations also compressed the review clock and introduced a settlement and commitment framework, so timing and strategy now matter as much as the substantive assessment. We run the jurisdictional analysis first to confirm whether a filing is even required, then prepare the notification to withstand the CCI preliminary assessment, and we align the India filing with parallel global merger-control filings so the overall deal timetable holds.
Testing the transaction against the asset, turnover, deal-value, and substantial-business-operations thresholds, and the de minimis target exemption, to confirm whether a CCI filing is required.
Assessing the two thousand crore deal-value trigger and the substantial-business-operations test for digital and technology acquisitions.
Preparing the Form I or Form II notification with the market definition, overlap analysis, and supporting economic narrative the CCI expects.
Sequencing the India filing with EU, US, and other merger-control filings so the slowest jurisdiction does not derail closing.
Advising on structural and behavioural remedies, and using the settlement and commitment framework where a competition concern is identified.
Ensuring the parties do not integrate or exchange competitively sensitive information before clearance, which attracts separate penalties.
Yes. If the target has sufficient assets or turnover in India, or the group crosses the jurisdictional thresholds and the target has substantial business operations in India, the CCI has jurisdiction even over a transaction signed and closed abroad.
A transaction is notifiable if its value exceeds two thousand crore rupees and the target has substantial business operations in India, measured by the CCI criteria on users, revenue, and other local-nexus factors. This captures digital deals that would pass the asset and turnover tests.
Most straightforward combinations clear within the shortened Phase I window. Transactions raising competition concerns move to a detailed Phase II review that takes substantially longer. We plan the deal timetable around the realistic review path, not the best case.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
Share the key facts for a confidential preliminary assessment of your India matter.