Antitrust and Competition Law
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Competition law governs how businesses compete: it prohibits anti-competitive agreements, polices abuse of market dominance, and regulates mergers and acquisitions that could harm competition. For Bengaluru’s growth-stage and large enterprises, a competition issue can stall a deal or trigger an investigation by the Competition Commission of India. Bisani Legal advises on compliance, merger clearance, and defence before the regulator.
You are entering an agreement, distribution, pricing, or exclusivity, that could be seen as anti-competitive.
Your company holds a strong market position and you need to avoid conduct that counts as abuse of dominance.
You are doing a merger, acquisition, or investment that may need clearance from the Competition Commission of India.
You have received a notice or are facing an investigation into cartel conduct or bid-rigging.
You want a competition-compliance programme so your commercial teams do not create exposure.
You are a victim of anti-competitive conduct and want to complain to the regulator.
Statute | Key sections | What it governs |
Competition Act, 2002 | Section 3 (anti-competitive agreements); Section 4 (abuse of dominant position); Sections 5 and 6 (regulation of combinations) | The core competition law, enforced by the Competition Commission of India. |
Competition (Amendment) Act, 2023 | Provisions on deal-value thresholds, settlement and commitment, and revised review timelines | Recent reform modernising merger control and introducing settlement and commitment mechanisms. |
(Verification note for handoff: confirm the current notified deal-value threshold and the operative settlement and commitment provisions under the 2023 amendment before publication, as these were phased in.)
Competition risk is usually created in the commercial team and discovered in the regulator’s office, so we work upstream. We review agreements, pricing structures, and distribution arrangements for the clauses that attract scrutiny, and we build compliance programmes that give commercial staff clear rules rather than vague warnings. On the deal side, we assess early whether a transaction crosses the thresholds that require clearance, because a missed filing can delay or unwind a deal. When an investigation begins, we manage it on the facts and the economics, and we use the settlement and commitment routes where they close exposure efficiently. We are candid with our clients about where conduct sits on the line, because in competition matters the penalties scale with turnover and a casual clause can become an expensive finding.
These scenarios are illustrative, written to show the format only, and must be confirmed against real anonymised matters or removed before publication.
A company structuring a distribution network had exclusivity and pricing terms revised to remove anti-competitive risk before rollout.
A transaction was assessed against the combination thresholds early, so the parties filed for clearance on time rather than discovering the requirement late.
A business facing a cartel inquiry managed its response on the evidence and explored the available settlement route.
Q1. What is an anti-competitive agreement?
An agreement that restricts competition, such as price-fixing, market-sharing, or bid-rigging, prohibited under Section 3 of the Competition Act 2002.
Q2. What is abuse of dominance?
Conduct by a dominant firm that harms competition, such as predatory pricing or unfair conditions, prohibited under Section 4. Being dominant is not illegal; abusing it is.
Q3. When does a deal need CCI approval?
When it crosses the notified asset, turnover, or deal-value thresholds. The transaction generally cannot close until cleared.
Q4. What are the penalties?
They can be substantial and are often linked to turnover, which is why early compliance is far cheaper than a finding.
Q5. What is a leniency application?
A route by which a cartel participant that discloses and cooperates can obtain reduced penalties, available in limited circumstances.
Q6. Did the 2023 amendment change merger control?
Yes. It introduced a deal-value threshold and settlement and commitment mechanisms, among other changes. The operative detail should be confirmed against the current notifications.
Q7. Can a startup face competition issues?
Yes, particularly on exclusivity, platform conduct, and acquisitions. Size does not exempt a business from Section 3.
Q8. How long does merger review take?
There are statutory timelines, shortened by the recent reforms, but complex matters take longer. Early filing helps.
Q9. Can I complain about a competitor’s conduct?
Yes. The Competition Commission of India can be approached with information about anti-competitive conduct.
Q10. What should a compliance programme cover?
Clear rules on contacts with competitors, pricing and bidding, distribution terms, and a process for clearing agreements that carry risk.
Related reading
Antitrust Law in Indian Business
SEBI Settlement Proceedings: What Every Listed Company Must Know
The bottom line
India’s competition regime has matured into a serious, turnover-scaled enforcement system, and the 2023 reforms have made merger control faster and added settlement routes. The businesses that stay clear are the ones that build compliance into their commercial practice rather than reacting to a notice. Bisani Legal helps Bengaluru enterprises compete hard and stay clean, before a clause or a deal becomes a regulator’s case.