International Scientific Journal of Engineering and Management

An International Scholarly || Multidisciplinary || Open Access || Indexing in all major Database & Metadata
ISSN: 2583-6129

Impact Factor: 6.674

Evaluating the Efficacy of Remedial Measures under the Competition Act: A Critical Study

  • Version
  • Download 13
  • File Size 1.16 MB
  • File Count 1
  • Create Date 21 April 2024
  • Last Updated 26 April 2024

Evaluating the Efficacy of Remedial Measures under the Competition Act: A Critical Study

Authors: Kanupriya Bhardwaj, LLM (CORPORATE BANKING AND INSURANCE LAW), Amity law school, Noida, U.P.

Prof. (Dr.) Aqueeda Khan , Professor,  Amity law school, Noida, U.P.

ABSTRACT

The Competition Commission of India (CCI) plays a crucial role in evaluating and regulating mergers, acquisitions, and amalgamations that may have an adverse effect on competition. The CCI has reviewed over 1,000 filings since 2011, requiring modifications in approximately 40 cases to mitigate competition concerns. These modifications range from structural remedies like divestitures to behavioral commitments addressing issues such as access, discriminatory practices, and information sharing. The CCI follows distinct procedures during Phase I and Phase II reviews. In Phase I, parties propose voluntary modifications, which the CCI assesses. There is also an intermediary period for modifications before Phase II. During Phase II, the CCI can suggest and negotiate modifications, which parties must implement within a specified timeframe to secure approval. The CCI adopts a flexible, case-by-case approach when crafting remedies tailored to address specific competition issues. Structural remedies like divestitures are preferred for significant horizontal overlaps, while behavioral remedies tackle vertical concerns. The CCI engages extensively with parties to ensure effective mitigation of competitive harm. Aligning with global best practices, the CCI collaborates with international regulators on cross-border mergers. However, it maintains a strong focus on India-specific impacts. Parties are advised to propose timely, proportionate remedies, ideally in Phase I, and maintain contingency plans.


Download

Author's Blog

What is the difference between a Research Paper and a Review Paper?

A research paper and a review paper are both scholarly documents, but they serve different purposes and have different characteristics.research...
Read More
Author's Blog

What is DOI?

A Digital Object Identifier (DOI) is a unique alphanumeric string that is used to identify and provide a persistent link...
Read More
Author's Blog

What do you need to do during production of your Research Paper?

During the production of a research paper, the following steps need to be taken: conducting research, organizing and analyzing data,...
Read More
Author's Blog

What are the advantages of publishing a research paper?

Publishing a research paper can have many advantages for researchers, including: Career advancement, professional recognition, opportunities for collaboration, increased visibility,...
Read More
Author's Blog

Ways to Support your Academic Wellbeing which preparing the Research Paper/Article

To support your academic wellbeing while publishing a research paper, it's important to set realistic goals, manage your time effectively,...
Read More
Author's Blog

How to improve your Research Paper writing Skills?

Read extensively: One of the best ways to improve your research paper skills is to read extensively in your field...
Read More
Author's Blog

Is DOI compulsory to publish a research paper in a Journal?

DOI is not strictly required to publish a research paper, but it is highly recommended. Basically, the International Scientific Journal...
Read More
Author's Blog

In what ways does research paper give weight to career development?

Publishing a research paper can give weight to a researcher's career development in several ways, such as: establishing oneself as...
Read More
Author's Blog

How to develop a Research Paper from Scratch

Developing a research paper involves several steps including: choosing a topic, conducting background research, formulating a research question or hypothesis,...
Read More
Author's Blog

How Plagiarism report plays crucial role in Research Paper Publication?

Plagiarism is a major concern in the academic and research community, as it undermines the integrity of the research and...
Read More