Evaluating Combination And Its Challenges Faced By The CCI In The Digital Era: A Case Study Analysis
- IJLLR Journal
- 2 hours ago
- 1 min read
Ankit Vishwakarma, LLM (Business Law), Amity Institute of Advanced Legal Studies, Amity University Noida
ABSTRACT
After the report of the Raghavan committee, the government of India introduced a new Competition Act, 2002, which got the president's assent in Jan 2003. The main objective of this new act includes the prevention of market competition from the anti-competitive agreements, abuse of dominant position, combination like mergers, and acquisitions because it creates an adverse effect on market competition. But after some time, when the traditional market got digitalized by the big tech giant through various combinations. It creates various challenges for traditional competition laws to regulate this digital marketplace, particularly combinations like merger and acquisition assessments. So, this research paper examines the new combination challenges faced by the Competition Commission of India (CCI), which are created by this digital era. Researcher also includes the traditional competition law frameworks related to combination under sections 5 and 6 of the said act. This research paper also includes the case study on previous landmark cases related to the combination. It also determines the challenges faced by the CCI in regulating combinations in the digital era and also provides suggestions that could help the CCI in regulating combinations.
Keywords: Combination, Mergers and Acquisitions, Monopolies, Dominant positions, Threshold value, Amalgamation, CCI, Digital era, Pre-merger notification, Enterprises, Tech giants, Turnover, Assets, Appreciable Adverse effect on Competition, Competition Act, 2002 etc.
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