F.No. CCI/CD/Amend/Comb. Regl./2019.—In exercise of the powers conferred by Section 64 of the Competition Act, 2002 (12 of 2003), the Competition Commission of India hereby makes the following regulations further to amend the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, namely:—
- Short title and commencement.—
- (1) These regulations may be called the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2019.
- (2) They shall come into force on the 15th day of August, 2019.
- In the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011,—
(1) after egulation 5, the following regulation shall be inserted, namely:-
“5A. Notice for approval of combinations under Green Channel.-
- (1) For the category of combination mentioned in Schedule III, the parties to such combination may, at their option, give notice in Form I pursuant to regulation 5 along with the declaration specified in Schedule IV.
- (2) Upon filing of a notice under sub-regulation (1) and acknowledgement thereof, the proposed combination shall be deemed to have been approved by the Commission under sub-section (1) of section 31 of the Act:
Provided that where the Commission finds that the combination does not fall under Schedule III and/or the declaration filed pursuant to sub-regulation (1) is incorrect, the notice given and the approval granted under this regulation shall be void ab initio and the Commission shall deal with the combination in accordance with the provisions contained in the Act:
Provided further that the Commission shall give to the parties to the combination an opportunity of being heard before arriving at a finding that the combination does not fall under Schedule III and/or the declaration filed pursuant to sub-regulation (1) is incorrect.”;
(2) in Regulation 13,-
(a) for sub-regulation (1A), the following sub-regulation shall be substituted, namely: –
“(1A) A summary of the combination, not containing any confidential information, in not more than 1000 words, comprising details regarding: (a) name of the parties to the combination; (b) the nature and purpose of the combination; (c) the products, services and business(es) of the parties to the combination; and (d) the respective markets in which the parties to the combination operate, shall be filed for the purpose of publishing the same on the website of the Commission.”;
(b) sub-regulation (1B) shall be omitted;
*Read detailed notification here: NOTIFICATION
Competition Commission of India
[Notification dt. 13-08-2019]
