Combination eligibility criteria: notice permitted where parties lack overlapping or complementary activities, affiliates defined by control.

Rule 3 allows parties, their group entities and affiliates to give notice under section 6(4) only if they do not produce similar, identical or substitutable products or services and are not engaged in activities at different stages of production or in complementary activities. It defines parties and group entities to include ultimate controlling persons, acquired enterprises and downstream groups, and merging entities with their controlling persons. An affiliate is one in which another enterprise has ten per cent or more shareholding or voting rights, board representation rights, or access to commercially sensitive information.

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