Evolving Jurisprudence of Gun-Jumping in India

Abstract

This piece discusses the evolution of the concept of gun-jumping as a provision under Competition law of India. It provides a focused analysis of the way in which merger control provisions continue to mature in the Indian legal framework. The impact of the judicial pronouncements upon the codification process of actions that qualify as gun jumping with respect to aspects like the timeline, the documents, notices necessary to be presented and even the penalty schema. The constant amendments being a testament to the responsiveness of the Commission to the changing socio-political situation. The jurisprudential principles of Ronald Dworkin have been applied, so as to test the evolution thus far. It is also on the basis of these principles that the recommendations for future actions have been suggested by the authors keeping goals of competition law in consideration.