Parties seeking merger clearance can sigh with relief, as India has done away with the disclosure requirements governing non-compete clauses.
In November, the Competition Commission of India (CCI) announced that parties to a combination (merger/ acquisition) are no longer required to give separate details regarding non-compete clauses. This ensures flexibility for both the competition authority and merging parties. It is a win-win situation, as the merger review process will not be held up by these clauses, giving the industry the flexibility to operate commercially.
