The Competition Commission of India (CCI) has formed a prima facie opinion that a combination is likely to have adverse effect on competition in India. The parties to the combination decide to propose amendment to the pr
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2021
The Competition Commission of India (CCI) has formed a prima facie opinion that a combination is likely to have adverse effect on competition in India. The parties to the combination decide to propose amendment to the proposed combination. Discuss the rights of the parties to carryout modification(s) and the procedure thereof.
Answer & Explanation:
Yes, the parties to the combination can propose amendment to the proposed combination. Where the Competition Commission of India (CCI) is of the opinion that the combination has, or is likely to have an appreciable adverse effect on competition, it shall direct that the combination shall not take effect. Where the Commission is of the opinion that adverse effect which has been caused or is likely to be caused on competition can be eliminated by modifying such combination then it shall direct the parties to such combination to carry out necessary modifications to the combination. The parties accepting the proposed modification shall carry out such modification within the period specified by the Commission. Where the parties to the Combination do not accept the proposed modification such parties may within 30 days of modification proposed by the Commission, submit amendment to the modification proposed by the Commission. Where the Commission agrees with the amendment submitted by the parties, it shall, by an order approve the combination. Where the Commission does not accept the amendment, parties shall be allowed a further period of 30 days for accepting the amendment proposed by the Commission. Where the parties to the combination fail to accept the modification within thirty days, then it shall be deemed that the combination has an appreciable adverse effect on competition and will be dealt with in accordance with the provisions of the Act.
Topics: Competition Law
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