| Affected by its British colonial history,India has strong British law characteristics in terms of legislative technology,and extremely safeguards social democracy in terms of legislative purposes.Compared with other developing countries,local governments have greater power.In many areas of investment,local and Indian federations have joint legislative powers.In recent years,there have been frequent legislative updates in the investment field,India's investment law environment is complex,the legal system is incomplete,and the legal regulations are not clear.After the Modi regime came to power in 2014,in order to improve India's weak infrastructure,backward manufacturing,and irrational industrial structure,the government lowered the entry barriers for foreign direct investment and introduced new laws in various areas.These measures have improved India's investment legal environment and attracted more foreign investment.While more European,American and Japanese companies have increased their investment in India as an important market,Chinese companies 'investment in India has also increased rapidly in recent years.According to the data of China's Ministry of Commerce's "Country Investment Guide(India)" in 2018 and 2013,it can be seen that China's direct investment flows to India and the stock of direct investment in India have nearly doubled in the past five years.With the expansion of Chinese companies' investment in or related to India,especially the increase in overseas mergers and acquisitions,integration and other activities,the antitrust risks faced by Chinese companies are also expanding.With the deepening of global capital globalization,the issue of anti-competition in the investment field has received more and more attention from many countries,and even many countries have included special chapters on competition policies in the self-determination of free trade.This article starts with India 's foreign direct investment policy and competition laws and regulations,and combines a series of cases investigated and dealt with by the Indian Competition Commission in recent years.It analyzes the risks of antitrust investigations of Chinese companies in the fields of monopoly agreements,market dominance,and corporate joint behavior.And put forward corresponding countermeasures.First of all,when investing in India,Chinese companies should be aware of the Indian competition laws and regulations,and understand that India's legislative purpose of emphasizing the protection of social and public interests and the protection of freedom of transactions when enacting competition laws.Secondly,when investing in India,Chinese companies interpret the vague clauses in Indian competition law from a strictly understanding perspective,and regulate the market competition behavior in India,so as not to encounter unnecessary investigation or investment intervention risks by the Indian Competition Commission.In the end,Chinese companies should classify and study the classic CCI cases,further grasp the applicable standards of Indian competition law,summarize the trends and trends of CCI antitrust investigations,reduce the risk of penalties for Chinese companies,and expand the channels for Chinese companies to effectively defend their rights.In view of this,this article is demonstrated in three chapters.The first chapter outlines the characteristics of India 's legal environment,the current state of Chinese investment in India,and the history of the development of Indian competition law.The second chapter begins with three aspects of the Indian competition law monopoly agreement,market dominance,and corporate joint behavior,supplemented by cases.To analyze the potential legal risks of Chinese companies investing in India in the field of competition;Chapter 3 addresses the legal risks mentioned in Chapter 2 on how to prevent risks at the company level,and the Chinese government has joined the competition policy chapter by updating the China-India Investment Agreement Ways to strengthen the protection and supervision of Chinese companies investing in India,and further strengthen cultural exchanges,and build a team of investment assistance lawyers related to India,as a backup force to reduce antitrust legal risks. |
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