Alerts & Updates 18th Mar 2024

(MCA) modifies the financial thresholds applicable to combinations and de-minimis exemption

Authors

Abhay JoshiPartner | New Delhi | Noida
Parthsarathi JhaPartner | New Delhi | Noida
Ravisekhar NairPartner | Bengaluru
Aayushi SharmaPrincipal Associate | Delhi NCR
Bhaavi AgrawalAssociate | Delhi NCR
Pavan KalyanAssociate | Delhi NCR
Raagini AgarwalAssociate | Delhi NCR

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  • On March 7, 2024, the MCA issued two notifications revising the (1) asset and turnover thresholds under Section 5 of the Competition Act, 2002 (Act) for notifying a transaction to the Competition Commission of India (CCI), and (2) asset and turnover threshold for claiming de-minimis exemption, respectively. The revised thresholds are captured below:

    Revised thresholds for de-minimis exemption*
    Target Assets (in India) Turnover (in India)
       INR 450 Crores (~ USD 54 million)  INR 1250 Crores (~ USD 150 million)
    Revised jurisdictional thresholds*
      Assets Turnover
    Enterprise Level India > INR 2500 crores (~ USD 301 million) > INR 7500 crores (~ USD 902 million)
      Worldwide with India leg > USD 1.25 billion and;

    at least INR 1250 crores (~USD 150 million) in India

    > USD 3.75 billion and;

    at least INR 3750 crores (~USD 451 million) in India

    OR
    Group Level India > INR 10000 crores (~USD 1.2 billion) > INR 30000 crores (~USD 3.6 billion)
      Worldwide with India leg > USD 5 billion and;

    at least INR 1250 crores (~USD 150 million) in India

    > USD 15 billion and;

    at least INR 3750 crores (~USD 451 million) in India

    We trust you will find this an interesting read. For any queries or comments on this update, please feel free to contact us at insights@elp-in.com or write to our authors:

    Ravisekhar Nair, Partner, Email – ravisekharnair@elp-in.com

    Parthsarathi Jha, Partner, Email – parthjha@elp-in.com

    Abhay Joshi, Partner, Email – abhayjoshi@elp-in.com

    Aayushi Sharma, Principal Associate, Email – aayushisharma@elp-in.com

    Bhaavi Agrawal, Associate, Email – bhaaviagrawal@elp-in.com

    Pavan Kalyan, Associate, Email -pavankalyan@elp-in.com

    Raagini Agarwal, Associate, Email – raaginiagarwal@elp-in.com

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