TMI BlogCompetition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2019.X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011,- (1) after regulation 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the notifying party(ies). Part IV: Meeting the thresholds [See section 5 of the Act] 4. Details of assets and turnover of the parties to the combination in the format given below: Name of the Parties Assets (as on ____) Turnover (for FY______) In India (INR crore) Worldwide In India (INR crore) Worldwide USD (million) INR (crore) USD (million) INR (crore) Party 1 Party 2 Combined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.4. Horizontal Overlaps State as to whether the parties to the combination and/or their respective group entities, directly or indirectly, produce/provide similar or identical or substitutable products or services, considering all plausible alternative(s): Yes ___No ..___ If the answer is yes, furnish the following information [information shall be furnished for each of the plausible alternative relevant market]: 6.4.1. Details of the overlapping products/ services and the relevant product and relevant geographic market, considering all plausible alternative(s), alongwith explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market; 6.4.2. Estimate, indicating the relevant source and the basis of estimate, the total size of the market for last three years, in terms of value of sales (in rupees) and volume (units); 6.4.3. Sales in value (in rupees) and volume (units) along with an estimate of the market share(s) of each of the parties to the combination (including their relevant group entities), for the last three years; and 6.4.4. Name and contac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion chain in which any other party to the combination is involved; and/or (c) complementary activities. If yes, provide details and necessary information as per Item 6.1 to 6.5 above. 6.7. Brief overview of the sector(s) in which the parties to the combination operate. If parties to the combination are engaged in identical, similar, supplementary or complementary businesses, also provide a brief description of the market structure; regulatory framework; recent entry and exit; and any other relevant information, relating to concerned businesses. 6.8. If any of the parties to the combination was a party to any proceeding before the Commission under or pursuance to any provision of the Act or before other competition authority(ies), during the last five years, provide details of said proceeding(s). Part VII: Green Channel [See Regulation 5A] 7. Whether the notice for the proposed combination is under Green Channel: Yes ___No ..___ Part VIII: Attachments 8. Attach the following documents: 8.1. Authorisation for signing the notice (refer item 1.6 above). 8.2. Acknowledgement for payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directly, hold shares and/or control:- (a) do not produce/provide similar or identical or substitutable product(s) or service(s); (b) are not engaged in any activity relating to production, supply, distribution, storage, sale and service or trade in product(s) or provision of service(s) which are at different stage or level of production chain; and (c) are not engaged in any activity relating to production, supply, distribution, storage, sale and service or trade in product(s) or provision of service(s) which are complementary to each other. Schedule IV [See Sub-Regulation (1) of Regulation 5A] Declaration 1. The notifying party confirms that it has furnished all the information and documents as required in Form I, as specified in Schedule II. 2. The notifying party confirms that the proposed combination falls under Schedule III and is not likely to cause adverse effect on competition. 3. The notifying party confirms that it has not made any statement which is false in any material particular or knowing it to be false; or omitted to state any material particular knowing it to be material. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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