MERGER CONTROL MECHANISMS IN INDIA AND AUSTRALIA: THRESHOLDS, SUBSTANTIVE TESTS AND PROCEDURAL INNOVATIONS

This paper presents a comparative analysis of merger control regimes in India and Australia, focusing on jurisdictional thresholds, substantive assessment standards, and procedural developments. It contrasts India’s mandatory, suspensory model under the Competition Act, 2002, with Australia’s voluntary, non-suspensory approach governed by Section 50 of the Competition and Consumer Act, 2010. The study critically examines the “Appreciable Adverse Effect on Competition” (AAEC) test applied in India and the “Substantial Lessening of Competition” (SLC) test used in Australia, alongside innovations like India’s Green Channel and Australia’s pre-assessment tools. By analyzing enforcement trends and digital economy challenges, the research highlights the strengths and limitations of both systems and advocates for greater procedural alignment and regulatory cooperation in an increasingly globalized merger landscape.