Incorporating sustainability within M&A Assessment in India: Trade-off and Amends for Competition Law

This presentation is on a paper aiming to explore how Indian competition law and policy in particular the merger control regime can be operationalised to push sustainable practices for ensuring sustainability. Building on the critical role of private sector and the idea of ‘sustainable entrepreneurship’ which recognises M&As as one of its four limbs, the aim is to explore ways towards possible alignment of sustainability considerations with Competition Commission of India’s merger assessments. It aims to explore the extent to which competition law can accommodate sustainability related considerations within M&A regime and contribute to sustainable development particularly achievement of SDGs, without deviating from its established policy objectives. The paper will also look at the practices adopted in other jurisdictions, amidst the growing complexity surrounding sustainability-competition interaction. It is work in progress presentation and the presenting author will appreciate suggestions or observations on the paper. This paper is co-authored with Ms Priyanshi, a PhD scholar at Sydney Law School.