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Competition Commission of India approves India’s first Form II merger notification in GDNL deal

Competition Commission of India approves India’s first Form II merger notification in GDNL deal

The Amarchand & Mangaldas Mumbai based Competition Law Practice Group led by Managing Partner Cyril Shroff and Competition Law Partner Nisha Kaur Uberoi advised GDNL, the acquirer in relation to the merger control filing with the Competition Commission of India (CCI). The CCI has approved for India’s first Form II merger notification. It is pertinent to note that this is the first Form II merger notification filed before the CCI as well as the first instance of a natural monopoly being evaluated by the CCI. The CCI approved the transaction in a record time of 26 days (i.e. within Phase I). The CCI approval in this case has come before the completion of the open offer as well as the Reserve Bank of India approval. This is also the first instance where the CCI evaluated a natural monopoly as well as the first case evaluated by the CCI involving both a merger notification under the Competition Act, 2002 as well as an open offer under the Takeover Code. The CCI approved the transaction come before the completion of the open offer as well as the Reserve Bank of India approval. Form II (long form) is an extensive merger notification form requiring detailed economic analysis and competition impact assessment, including analysis of the overlaps between the business activities of the parties to the combination

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