Ved Prakash, School of Law, CHRIST (Deemed to be University) Bangalore
ABSTRACT
In order to maintain an effective competition in the market and upholding the basic aims of competition law one such major concern that competition authorities deal with is to look into the conduct of the enterprises who are engaged in mergers and acquisitions as very often the powerful companies involved in it does it in a manner which causes serious anti-competitive effects without being getting noticed. So, gun-jumping is one such gray area which poses significant problems to the competition authorities in this regard as firms engaged in combinations have the tendency to consummate the transaction even before obtaining approval from the competition authorities. Though provisions regarding regulation of combinations does find a mention in the competition legislative framework, however, lack of clarity or adequate jurisprudence on the said concept makes it easier for the enterprises to involve themselves in such sort of conduct and escape from the ambit of penalties that might otherwise would have been imposed. In addition to that, even the word itself does not find a mention in the anti-trust jurisprudence in India. The research paper thus aims to look into the various aspects concerning gun-jumping in the Indian competition law framework highlighting the kind of issues that persists regarding the same along with it the present framework that exists regarding the regulation of the same and conclusively proposing suggestions in light of it.
Keywords: consummation, Standstill Obligations, integration, regulatory nod, sensitive information
Comments