Anish Jaipuriar and Sarita Rout discusses and compares the two tests in terms of any similarity or differences and tries to establish a standard
scope for achieving the objective of the competition law.

Abstract

In the European Union (EU), the substantive test for
merger control is to ascertain whether a prospective
merger would significantly impede effective competition
(SIEC) in the common market, while under India’s
Competition Act, the substantive test for combinations is to
determine whether there is an appreciable adverse effect on
competition (AAEC) within the relevant market. The two
tests therefore play a significant role in fulfilling what is
called the aim of any competition law and being the sole
criteria in each of the law a clear, definitive and market
friendly scope has to be established. This paper therefore
discusses and compares the two tests in terms of any
similarity or differences and tries to establish a standard
scope for achieving the objective of the competition law.