Corporate, Commercial & Finance
Antitrust and Competition Law
Advice and representation on anti-competitive agreements, abuse of dominance and merger control before the Competition Commission of India.
Competition law governs how businesses may compete: it prohibits agreements and conduct that harm competition, and it controls mergers that would concentrate a market. Enforcement sits with the Competition Commission of India, with appeals to the National Company Law Appellate Tribunal. The firm advises businesses on compliance, on responding to investigations, and on the competition clearance a transaction needs.
The 2023 amendment to the law reshaped this area, adding settlement and commitment mechanisms, a deal-value basis for notifying certain transactions, and revised penalties. Working within that amended framework is now part of every competition matter.
Agreements and abuse of dominance
Section 3 of the Competition Act, 2002 prohibits agreements that have an appreciable adverse effect on competition, including cartels, bid-rigging and certain vertical arrangements. Section 4 prohibits a dominant enterprise from abusing its position, for instance through unfair pricing or denial of market access. The firm advises on compliance and conduct, and represents businesses facing an investigation by the Commission.
Merger control
Transactions that cross the statutory thresholds are combinations under Sections 5 and 6 and must be notified to and approved by the Commission before completion. The 2023 amendment added a deal-value threshold, bringing certain high-value transactions into the net even where the traditional asset and turnover tests are not met. The firm assesses notifiability early and prepares the filing.
Investigations, settlement and penalties
Where the Commission investigates, the firm advises on the response, on leniency in cartel cases, and on the settlement and commitment routes introduced by the 2023 amendment, which can resolve certain matters without a full contested finding. It also advises on penalties and on appeals to the appellate tribunal.
The legal framework
The principal statutes and the provisions that most often decide these matters. Statute text can be read in the firm's Legal Library; always check the current version at the official source.
Competition Act, 2002 (as amended by Act 8 of 2023) · Act 12 of 2003
- Section 3 — anti-competitive agreements, including cartels and bid-rigging.
- Section 4 — abuse of a dominant position.
- Sections 5–6 — control of combinations: notification and approval of qualifying mergers and acquisitions.
- 2023 amendment — settlement and commitment mechanisms, a deal-value threshold and revised penalties.
Key judgments
Grouped by issue. Each case is cited from the court's own record; open a heading to read it.
Cartels & penalties 1
Excel Crop Care Ltd. v. Competition Commission of India Supreme Court
(2017) 8 SCC 47
Upheld findings of bid-rigging in tenders but held that a penalty under the Competition Act must be calculated on the 'relevant turnover' (the turnover from the products or services in question), not the enterprise's total turnover, materially affecting the size of penalties.
How we work on these matters
The firm advises on competition compliance before a problem arises, on agreements, distribution arrangements and dominance, as well as on live investigations.
Notifiability of a transaction is assessed early, because competition clearance can be the longest item on a deal timetable.
Where settlement, commitment or leniency offers a better outcome than a contested proceeding, that is advised candidly.
Frequently asked questions
When does a merger need approval from the CCI?
A transaction is a combination requiring approval where it crosses the statutory asset or turnover thresholds, and now, following the 2023 amendment, where it crosses the deal-value threshold with sufficient local connection. Whether a particular deal needs notifying is assessed at the outset.
What is the settlement mechanism introduced in 2023?
The 2023 amendment allows certain matters, other than cartels, to be resolved through settlement or by giving commitments to the Commission, which can bring an investigation to a close without a full contested finding. Whether it is available and advisable depends on the facts.
What can a business do to reduce competition-law risk?
Practical compliance, on pricing, distribution agreements, information exchange with competitors and conduct where the business is dominant, substantially reduces risk. The firm advises on compliance programmes as well as on responding to investigations.
This note is general information on the law as at Jun 2026, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
Tell us about your matter.
Share the facts and we will tell you, candidly, where you stand and how we can help.