Explain the procedure for investigation of 'Combinations' under Combination Regulations of the Competition Law. Give an illustrative check list on Regulation of Combinations also.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2020
Explain the procedure for investigation of 'Combinations' under Combination Regulations of the Competition Law. Give an illustrative check list on Regulation of Combinations also.

Answer & Explanation:

The procedure for investigation of 'Combinations' as per Combination Regulation is as under: As per the Combination Regulations, the Competition Commission of India (CCI) shall form its prima facie opinion as to whether the combination is likely to cause or has caused appreciable adverse effect on competition within the relevant market in India within 30 days from the receipt of the notice. If the Commission is prima facie of the opinion that a combination has caused or is likely to cause adverse effect on competition in Indian markets, it shall issue a notice to show cause to the parties as to why investigation in respect of such combination should not be conducted. On receipt of the response, if Commission is of the prima facie opinion that the combination has or is likely to have appreciable adverse effect on competition, the Commission shall deal with the notice as per the provisions of the Competition Act, 2002. Checklist of Regulation of Combinations: The threshold transaction qualified as a "combination" under Section 5 of the Competition Act, 2002 it will have to mandatorily be notified to the CCI, and the transaction has taken effect only after 210 days of such notification or from the date the CCI passes an order approving the proposed "combination", whichever is earlier. Mandatory notice to the CCI is filed, in case of merger or amalgamation, within 30 working days of approval of the proposal relating to merger or amalgamation by the board of directors of the enterprises concerned. Mandatory notice to the CCI is filed, in case of acquisition or acquiring of control, within 30 days of execution of any agreement or other document. Such 'other document' is defined to include any binding document conveying an agreement or decision to acquire control. Notice was given to CCI is in terms of the Procedural Regulations issued by CCI. There is no premature pre-closing activity involving sharing of competitively sensitive information or joint marketing, production. If, the transaction involves any substantive competition/antitrust risk, the risk is allocated amongst the parties to the transaction.

Topics: Competition Law

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