You are one of the Company Secretary in the big multi-national conglomerate, which is contemplating a merger. As the Management is keen on completion of merger without any regulatory hiccups, your department head have ad

In accordance with international best practices, the Competition Commission of India allows for an informal and verbal consultation prior to filing of the notice to a proposed combination in terms of Regulation 5 of CCI (Procedure in regard to the transaction of Business relating to Combinations) Regulations, 2011 read with Section 6(2) of the Competition Act, 2002 with the Commission. The parties intending to file a notice with the Commission are encouraged to approach the Commission for pre filing consultations. A request for pre-filing consultation should be made by the parties at the earliest and at least 10 days before the intended date of filing so that the commission gets ample amount of time to allocate appropriate team expert in particular case for pre-filing consultations. A copy of draft application comprising of Form I/II, as the case may be and supporting documents should be forwarded along with the request for scheduling a pre-filing consultation. Such pre-filing consultations help the parties intending to file a notice with the Commission, in identifying the information required for filing a complete and correct Form I/II/III along with identification of additional information that the Commission may require to assess the likely impact of the proposed combination on competition in the relevant markets. Hence, it is apprised to the management that such informal consultation is allowed. A summary of the proposed combination along with the following details should also be submitted: (a) Basic details of the proposed combination including various steps involved in the same; (b) A brief description of the relevant market(s) and sector(s) involved; (c) The likely impact of the proposed combination on competition in those markets and sectors in general terms; (d) Key issues regarding which the parties wish to seek consultation from the Commission; (e) Any other details which according to the parties may be pertinent for a meaningful consultation.