Competition LawCCIIndia
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Competition Law · CCI

Competition law advisory and CCI compliance strategy

Merger control filings, anti competitive agreement analysis, abuse of dominance defence, CCI investigation response and competition compliance programmes.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
Competition Act
2002 (Amended 2023)
CCI
Filing & Defence
Merger
Control Compliance
10
Offices
01

Merger control and combination filings

  • Mandatory pre notification under Section 5 for combinations exceeding prescribed asset and turnover thresholds.
  • Green channel notification for combinations with no horizontal, vertical or complementary overlaps.
  • CCI Form I and Form II preparation, review timeline management and remedy negotiations.
  • Deal value threshold (INR 2,000 crore) introduced by the 2023 Amendment for digital and asset light transactions.
02

Anti competitive agreements and cartel defence

  • Horizontal agreements: price fixing, market allocation, output restriction and bid rigging (Section 3(3) presumption of AAEC).
  • Vertical agreements: exclusive dealing, tie in, resale price maintenance and refusal to deal (Section 3(4) rule of reason).
  • Hub and spoke cartels, information exchange and trade association conduct.
  • Leniency (lesser penalty) applications under Section 46 and the CCI Lesser Penalty Regulations, 2024.
03

Abuse of dominant position

  • Market definition, dominance assessment and Section 4 conduct analysis.
  • Unfair pricing, discriminatory conditions, denial of market access, leveraging and predatory pricing.
  • Commitment and settlement framework introduced by the 2023 Amendment.
04

How AMLEGALS assists

  • Merger control filing strategy and CCI representation.
  • Competition compliance programme design and employee training.
  • CCI investigation response, information request management and DG inquiry defence.
  • Appellate representation before NCLAT and Supreme Court.
Answers

What clients ask before they commit.

Short, direct, on the record.

01When is a CCI merger notification mandatory in India?

A combination must be notified if it exceeds the asset or turnover thresholds under Section 5 of the Competition Act. The 2023 Amendment also introduced a deal value threshold of INR 2,000 crore with a local nexus requirement. Combinations below the thresholds or qualifying for de minimis exemptions need not be notified.

02What is the penalty for anti competitive agreements in India?

The CCI can impose a penalty of up to 10% of average turnover of the preceding three financial years for enterprises, and up to 10% of average income for individuals. For cartels, the penalty can be up to three times the profit or 10% of turnover, whichever is higher.

03Can parties settle a CCI investigation?

Yes. The 2023 Amendment introduced a commitment and settlement framework. Parties can offer commitments to address competition concerns identified during an inquiry, or settle the matter by paying a settlement amount determined by the CCI.

04Does the Competition Act apply to government entities?

The Competition Act applies to all enterprises engaged in economic activity, including government departments and public sector undertakings when they act as enterprises. Sovereign functions are excluded.

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