ARTICLE
1 August 2024

Ministry Of Corporate Affairs Revises Thresholds For Turnover And Assets To Avail De Minimis Target Exemption And Thresholds Required To Be Breached For Notification Of 'Combinations' Under Section 5 Of The Competition Act, 2002 ("Act")

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Pursuant to two separate notifications issued by the Ministry of Corporate Affairs on March 7, 2024...
India Antitrust/Competition Law
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Pursuant to two separate notifications issued by the Ministry of Corporate Affairs on March 7, 2024:

  • The thresholds set out under Section 5 of the Act have been increased as follows:
ENTERPRISE LEVEL
Asset (India) Turnover (India) Asset (Worldwide with India) Turnover (Worldwide with India)
OLD INR 2,000 Crores INR 6,000 Crores USD 1 Billion with at least INR 1,000 Crores in India USD 3 Billion with at least INR 3,000 Crores in India
NEW INR 2,500 Crores INR 7,500 Crores USD 1.25 Billion with at least INR 1,250 Crores in India USD 3.75 Billion with at least INR 3,750 Crores in India
GROUP LEVEL
Asset (India) Turnover (India) Asset (Worldwide with India) Turnover (Worldwide with India)
OLD INR 8,000 Crores INR 24,000 Crores USD 4 Billion with at least INR 1,000 Crores in India USD 12 Billion with at least INR 3,000 Crores in India
NEW INR 10,000 Crores INR 30,000 Crores USD 5 Billion with at least INR 1,250 Crores in India USD 15 Billion with at least INR 3,750 Crores in India

Any combination exceeding the abovementioned thresholds are required to notify the CCI in the manner prescribed under Section 6(2) of the Act.

  • The thresholds set out under the previous notification issued by the Ministry of Corporate Affairs on March 27, 2017, whereby exemption was granted to combinations where the target entity had assets or turnover below the notified thresholds, have been increased as follows:
DE MINIMIS EXEMPTION
Assets Turnover
OLD INR 350 Crores INR 1,000 Crores
NEW INR 400 Crores INR 1,250 Crores

Originally published 05 April 2024

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