Exemptions and ordinary-course acquisitions
Certain categories may be exempt or ordinarily not notifiable, but exemptions are fact-specific and may depend on control, purpose, percentage and business
Finin2min summary
Certain categories may be exempt or ordinarily not notifiable, but exemptions are fact-specific and may depend on control, purpose, percentage and business relationship.
Legal anchors
- Competition (Criteria for Exemption of Combinations) Rules, 2024
- CCI FAQs
How to analyse it
- Identify transaction category exactly.
- Test control and change-in-control.
- Assess ordinary-course purpose.
- Retain a written exemption memo.
Practical illustration
A financial investor acquires shares beyond a passive threshold and obtains strategic rights. “Investment only” wording cannot replace substantive analysis.
What can go wrong?
- No written exemption analysis
- Ignoring cumulative acquisitions
- Assuming intra-group means always exempt
Evidence pack
- Shareholding history
- Rights matrix
- Investment mandate
- Exemption memo
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Identify transaction category exactly.
What is the most important control?
Retain a written exemption memo.
What should be escalated?
No written exemption analysis, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- Competition Act, 2002 — India Code
- CCI legal framework — Act
- CCI legal framework — Rules
- CCI legal framework — Regulations
Secondary commentary may help interpretation, but it is not the source of law.