In Search Of “Control”- A Competition Law Perspective

By Subramanya .V. Mysore, LL.M. Candidate at Jindal Global Law School

The term “control” is defined under explanation to Section 5 of the Competition Act, 2002 (the Act) as “control includes controlling the affairs or management by one or more enterprises, either jointly or singly, over another group or enterprise….” In order to assess control, firstly, a proposed merger shall meet the thresholds of asset and turnover set forth under Section 5.  Thereafter, the concerned party shall notify the Competition Commission of India (the CCI) under Section 6 to assess whether or not such mergers result in an appreciable adverse effect on competition in India. However, the notification requirement can be waived if the concerned deal falls within list of exemptions provided under items 1 to 10 of Schedule I to the Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011 (Combination Regulations).

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Regulation of Online Content Creators in India- The Way Forward

By Chirag Jain, Advocate, Supreme Court of India

On 9th November 2020, the Government of India issued a gazette notification bringing the ‘films and audio-visual programmes made by online content providers’ and ‘news and current affairs content on online platforms’ both of which hitherto were free of supervision, under the ambit of Ministry of Information and Broadcasting.

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