CCI Merger Control in India: Navigating the Updated Thresholds and Deal Certainty

The Competition (Amendment) Act 2023 has fundamentally changed India's merger control landscape. Every M&A practitioner in India must understand the new framework before a deal is signed. **The Old and New Thresholds** Before the amendment, CCI pre-merger filing was mandatory if the transaction crossed asset or turnover thresholds. The 2023 amendment adds a deal value threshold — transactions valued above ₹2,000 crore (approximately USD 240 million) where the target has substantial business operations in India now require CCI approval, regardless of asset/turnover. **The New 30-Day Timeline** The most significant change is the reduction of the default review period from 210 days to 150 days. Phase I review must be completed within 30 working days. CCI may issue a Phase II notice where it has competition concerns. **Green Channel** The Green Channel route — available for transactions with no horizontal, vertical, or complementary overlaps — provides deemed approval on filing. Post-2023, the scope of Green Channel has been clarified and expanded. **Practical Implications for Dealmakers** 1. **Conduct a competition analysis early** — the deal value threshold means more transactions require CCI scrutiny. Identify overlaps before signing. 2. **Build approval timelines into deal documentation** — long-stop dates for CCI approval must account for Phase II risk 3. **Prepare for information requests** — CCI's data requests in Phase II can be extensive. Begin document collection early. 4. **Consider remedies proactively** — structural and behavioural remedies offered early in the process result in faster approval