18 April 2014

Combination regulations under Competition Act, amended

Competition Commission of India (CCI) has amended the Competition Commission of India (Procedure in regard to the Transaction of Business relating to Combinations) Regulations, 2011. According to the amendments effective from 28th March, 2014, while fees in respect of both Forms (Form I and II) has been revised from INR 10 lakhs and INR 40 lakhs to INR 15 lakhs and INR 50 lakhs respectively, Regulation 29 relating to appeal to Competition Appellate Tribunal, has been omitted.

As per Press Release of the CCI, issued in this regard, Regulation 29 was being seen as imposing an additional condition in respect of preferring appeal in combination matters. Sub-regulation (5) has been inserted in Regulation 9 to provide for determination of requirement of filing notice (under said Regulations) with respect to substance of the transaction. According to the Press Release, scope of pre-notification consultations, which are informal and verbal, with the staff of the Commission, has also been enhanced to include substantive issues regarding filing of notice with CCI.


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