The existing legal status of MHSPL represents its accurate legal status. The CCI followed the Supreme Court decisions from Thomas Cook and Scm Solifert Ltd. v, Competition Commission Of India, (2018) 6 SCC 631, which established its binding legal framework. The problem exists as a matter of legislation rather than through judicial processes.

The 2025 amendments position Section 233 at the core of India’s intra-group restructuring landscape. However, the unchanged 90 % threshold which is anchored in a bygone ownership model, hinders the workability of the fast-track mergers.

The author argues that when determining an appreciable adverse effect on competition, we must consider privacy-friendly substitutes.