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Oil And Gas PSU Mergers Exempt From CCI Approval For Five Years

The corporate affairs ministry said mergers involving state-run oil firms are exempted from the CCI approval.



Drill-Ship Sagar Samrat at work in Mumbai High (Source: ONGC Website)
Drill-Ship Sagar Samrat at work in Mumbai High (Source: ONGC Website)

Merger and acquisition deals involving public sector oil and gas companies have been exempted from seeking the Competition Commission approval, says a notification.

The corporate affairs ministry’s decision to exempt such deals from the ambit of the Competition Commission of India comes against the backdrop of the proposed consolidation and stake purchases among state-owned oil and gas companies.

In July, the Cabinet Committee on Economic Affairs approved sale of the government’s 51.11 percent stake in oil refiner Hindustan Petroleum Corporation Ltd. to the country’s largest oil producer Oil and Natural Gas Corporation Ltd.

The ministry has said all cases of combinations involving the central public sector enterprises operating in oil and gas sectors under the Petroleum Act 1934, have been exempted from the CCI approval requirement for five years.

The exemption will also be applicable to their wholly or partly owned subsidiaries operating in the oil and gas sectors, from the application of the provisions of Sections 5 and 6 of the (Competition) Act, for a period of five years, the notification issued on Nov. 22 said.

Sections 5 and 6 pertain to combinations. Under the norms, combinations or deals beyond a certain threshold compulsorily require approval from the CCI.

Earlier this year, the ministry exempted mergers of nationalised banks from seeking CCI’s approval. The regulator keeps a tab on anti-competitive ways across sectors to ensure fair practices are followed.