Merger Control in India Law and Practice

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Description
Merger Control in India: Law and Practice by Tarun Mathur aims to provide an overview and landscape of the merger control regime in India as it has developed in this decade. This book seeks to offer an introduction and a practical insight to the students and practitioners of the competition and corporate law about the working of the merger control regime in India. It also intends to undertake the study of the substantive and procedural aspects of the merger control provisions and wherever requires, discuss the case laws of the appellate tribunal and the Supreme Court and the decisional practice of the CCI which has developed since the existence of the regime in India.
The following are the other highlights of the book:
1.    An in-depth empirical analysis of the trends of the M&A/combination assessment by the CCI
2.    Concise and practical account of the merger control process with the aid of flowcharts and diagrams.
3.    Combination filing process and procedure outlines under the applicable statutes.
4.    Analysis of tools employed by the antitrust agencies for merger investigations
5.    Detailed analysis of the merger remedies employed by the antitrust agencies
6.    Contains techniques and practical considerations while drafting pre-merger filing notification.

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Contents
1.    Introduction to Merger Control Law in India
2.    Institutional Framework for Assessment of Combinations
3.    Core Concepts, Theories of Harm and Types of Mergers
4.    Key Issues under Indian Merger Control Laws
5.    Combination Filing Process and Procedure
6.    Tools and Techniques Adopted for Combination Investigation
7.    Assessment of Relevant Market in Merger control Cases
8.    Assessment of Appreciable Adverse Effect on Competition under Indian Merger Control Regime
9.    Merger Remedies
10.  Preparing and Filing the Combination Notification Forms and Strategic considerations for Merger Filing
Annexures
I.     Competition Act, 2002
II.    Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to
       Combinations) Regulations, 2011
III.   Extracts of SVS Raghavan Committee Report
IV.   Guidance Notes Issued by the CCI
V.    FAQ's on Combinations Issued by the CCI
VI.   Notification Regarding Exemption of Oil and Gas Companies
VII.  Notification Regarding Exemption of Nationalized Banks from Sections 5 and 6 of the
        Competition Act, 2002
IX.    Notification Regarding Exemption from Notifying a combination within Thirty Days Mentioned in
        Section 6(2) of the Competition Act, 2002
X.     Notifications Regarding (a) Relevant Assets and Turnover in Case a Portion of an Enterprise or
        Division or Business is Being Acquires, Taken Control of, Merged or Amalgamated with another
        Enterprise; (b) De Minimis Exemption
XI.    Notification Regarding (a) Exemption Regarding "Group",; (b) Target Exemptions; (c) Increase in
        Value of Assets and Turnover
Glossary of Antitrust Terms
Subject Index

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Author Details
Tarun Mathur is a Mumbai based corporate and antitrust lawyer and holds a B Sc, LLB (Hons) from National Law University, Jodhpur and LL M from the New York University School of Law, New York. He has extensive experience in the areas of M&Ms, regulatory affairs and competition laws for public and private sector clients. He was the founding member of the Combination Division at Competition Commission of India and have earlier worked at Securities and Exchange Board of India, Ernst & Young, LLP and cyril Amarchand Mangaldas. He is presently working as counsel with Huntsman India. He also teaches "Transacting M&A Deal" law course at Maharashtra National Law University, Mumbai.
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