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Takeovers: why a deal-value threshold can exclude data-driven transactions from competition scrutiny

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Deals

Takeovers: why a deal-value threshold can exclude data-driven transactions from competition scrutiny

According to a high-panel report, the failure of CCI to assess recent rise in data-driven combinations or deals such as Myntra-Flipkart, Freecharge-Snapdeal, and TaxiForSure-Ola showcase an apparent enforcement gap in the Competition Act. To rectify it, the report has suggested introducing a deal-value threshold. While it seems a positive step, this too has its own set of challenges.
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Akanshha Agrawal
13 Nov 2019 4 Mins Read 4 comments
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The acquisition of WhatsApp by Facebook in 2014 was widely perceived as an eye-opener for competition regulators across the world. The takeover highlighted the apparent inadequacy of the existing regulation to mandate assessment of data-driven transactions, quickly leading to formation of various committees to reform the same. The Competition Law Review Committee chaired by corporate affairs secretary Injeti Srinivas
under Section 6, without necessitating the introduction of new threshold for triggering the same. There is an urgent need by the competition watchdog to take note of it. (The author is currently pursuing BA LL.B. from National Law University, Delhi. She loves exploring the intersection of law and technology, and its unique challenges. She can be reached here.)
The acquisition of WhatsApp by Facebook in 2014 was widely perceived as an eye-opener for competition regulators across the world. The takeover highlighted the apparent inadequacy of the existing regulation to mandate assessment of data-driven transactions, quickly leading to formation of various committees to reform the same. The Competition Law Review Committee chaired by corporate affairs secretary Injeti Srinivas under Section 6, without necessitating the introduction of new threshold for triggering the same. There is an urgent need by the competition watchdog to take note of it. (The author is currently pursuing BA LL.B. from National Law University, Delhi. She loves exploring the intersection of law and technology, and its unique challenges. She can be reached here.)

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