Understanding the Competition (Amendment) Act, 2023

 The Competition (Amendment) Act, 2023 marks a significant milestone in the evolution of India’s competition law framework. Enacted to address the challenges of a rapidly transforming market, especially in the digital economy, the amendment seeks to enhance regulatory efficiency, promote fair competition and align domestic practices with global standards. From introducing a deal value threshold for mergers and acquisitions to empowering the Competition Commission of India (CCI) with stronger investigative tools, the Act aims to streamline enforcement, close legal loopholes and ensure timely resolution of anti-competitive practices. 



Driving Market Fairness and Efficiency: Objectives of the 2023 Competition Law Amendments

  • Significant Growth of Indian Markets and Evolving Business Models
    Over the past decade, India has witnessed rapid economic expansion, digital transformation and a surge in startup activity. Traditional business models have evolved dramatically, with increasing reliance on data, technology platforms and complex global supply chains. These developments exposed regulatory gaps in the existing competition framework, particularly in addressing digital mergers and platform dominance.
  • Constitution of the Competition Law Review Committee (CLRC), 2018
    Recognizing the need to update the Competition Act, 2002 in line with these changing dynamics, the Government of India set up the CLRC in 2018. The committee was tasked with reviewing the existing legislation, identifying structural and procedural challenges and recommending reforms to enhance the effectiveness of the Competition Commission of India (CCI).

Critical Observations on India’s Evolving Competition Framework

  • Provision to Avoid Multiplicity of Proceedings:
    The Amendment introduces a provision aimed at avoiding the multiplicity of proceedings before the Competition Commission of India (CCI). This provision empowers the CCI to reject information or complaints that have already been addressed or are substantially similar to matters previously adjudicated. The objective is to prevent repetitive or frivolous filings based on the same facts, whether by the same or different informants. By doing so, the amendment seeks to enhance procedural efficiency, reduce the burden on the Commission and ensure consistency in decision-making.
  • Provision Enabling Parties to Call Experts:
    The Act introduces a provision allowing parties involved in proceedings before the Competition Commission of India (CCI) to call upon experts to support their case. These experts may include economists, legal professionals or industry specialists who can provide technical or specialized insights relevant to the matter under investigation.

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