March 2024, Client Alert

Increase in Financial thresholds in the Indian merger control regime.

Earlier today, the Government of India revised the financial thresholds for merger control jurisdiction as well as the thresholds for target or de minimis exemption.

All financial thresholds under the Competition Act, 2002 have been increased by 150%. In addition, the target exemption or de minimis thresholds have been increased as below:

  Previous Thresholds Revised Thresholds

Assets in India

INR 350 crore

(USD 42.31 m)

INR 450 crore

(USD 54.10 m)

Turnover in India

INR 1,000 crore

(USD 120.88 m)

INR 1,250 crore

(USD 150.29 m)

If the target (i.e., the acquired enterprise) has either assets or turnover in India less than the above thresholds, the transaction would not require a notification to the Competition Commission of India (“CCI”). The target exemption or de minimis thresholds are applicable for a period of 2 years i.e., until 8 March 2026.

These changes are effective from today. Interestingly, the government is also expected to soon introduce deal value thresholds which is likely to increase the number of transactions requiring prior CCI approval.

For further information, please contact:

Authors: Sonam Mathur – Partner and Shubhang Joshi – Managing Associate.

Sonam Mathur

Partner, Delhi

Disclaimer

By browsing this website you agree that you are, of your own accord, seeking further information regarding TT&A. No part of this website should be construed as an advertisement of or solicitation for our professional services. No information provided on this shall be construed as legal advice.