Advisory issued by Competition Commission of India (CCI)

Apr 22, 2020

On April 13, 2020, the Competition Commission of India (CCI) permitted the electronic filing of applications for approval of M&A transactions and information on investigations into anti-competitive behaviour. Fees for these filings can also be paid by wire transfer, and pre-merger consultations can be scheduled over video conference with a prior appointment. The CCI’s efforts clearly reflect that Indian regulators are keen to function normally during the national lockdown.

The Competition Commission of India (CCI) has issued an advisory to the effect that businesses should not violate the Competition Act, 2002 while collaborating with competitors. The CCI has also clarified that coordinated conduct which is “necessary and proportionate” to address concerns arising from COVID-19 may be considered as an exception. Unlike the European Commission’s temporary framework issued earlier this month, the CCI’s advisory is not very detailed and a formal process to approach the CCI for clarifications has not been outlined. Market players must seek counsel before entering into collaborations at this time.

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