"In case any combination is to be notified for ex post facto approval, it would defeat the very intendment of the provisions of the Competition Act, 2002 yet there are exemptions from compliance either under regulations

Prior approval from the Competition Commission of India is required to any combination as was held by Apex Court in SCM Solifert Limited & Anr. vs. CCI (Civil Appeal No. 10678 of 2016) . Section 6 (2) of Competition Act, 2002 requires filing of application within 30 days prior to combination. Such combination shall take effect after 210 days thereof or orders under Section 31, whichever is earlier. Notification no. S.O. 2039(E) dated 29th June 2017 does away with time requirement of 30 days but to wait for orders by the Commission. In addition, notifications have been issued on 10-08-2017, 30-08-2017 and 22-11-2017 respectively granting exempting combinations relating for five years to Regional Rural Banks, Public sector Banks so also Public Sector Oil and Gas Bodies. The provisions of section 6 of the Act do not apply to share subscription or financing facility or any acquisition, by a public financial institution, foreign institutional investor, bank or venture capital fund, pursuant to any covenant of a loan agreement or investment agreement. Categories of combinations mentioned in Schedule I to the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 are ordinarily not likely to cause an appreciable adverse effect on competition in India, notice under sub-section(2) of section 6 of the Act need not normally be filed.