The government had decided to make far reaching changes to the competition law which could have massive implications for big tech companies. The most important would be the change in the definition of "turnover".
NSE
According to amendments introduced in the Lok Sabha, turnover would mean the global turnover derived from all products and services by a person or enterprise. This implies, that violations of the anti trust law could attract penalties on the global turnover of the company as opposed to domestic turnover as stated in law currently.
The changes to the Competition Amendment Bill have been introduced in parliament after the Ministry of Corporate Affairs examined recommendations of the parliamentary committee on finance. The government intends to move and pass these amendments in the budget session of parliament. The deal value threshold for M&A cases will be periodically reviewed. The proposed law also says that compensation can also be claimed in settlement cases.
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The new law, once passed by parliament would regulate mergers and acquisitions. Combination deals, FDI proposals and Corporate Insolvency Resolution cases would have to be decided within 150 days as opposed to 210 days currently. Also, the Competition Commission of India (CCI) would have to give a prima facie view within 30 days.
The government, after examination of the parliamentary committee report, has not included the effects doctrine in market dominance cases and IPR defence in Section 4.
"There will be no immunity for internal legal advisors from examination on oath by the Director General. Active participation for hub and spoke cartels has been substituted by participation or intention to participate", said an official.