Appreciable adverse effect on competition: Commission may require or accept modifications before approving combinations. Where a proposed combination is likely to have an appreciable adverse effect on competition, the Commission may propose modifications or consider party offered modifications; an additional evaluation period not exceeding fifteen days may be excluded from certain statutory timelines. Acceptance by the parties or agreement by the Commission to amendments leads to approval and requires implementation of modifications under specified terms and an affidavit of compliance; failure to accept within the prescribed or extended time results in the combination being deemed to have an appreciable adverse effect and dealt with under the Act.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Appreciable adverse effect on competition: Commission may require or accept modifications before approving combinations.
Where a proposed combination is likely to have an appreciable adverse effect on competition, the Commission may propose modifications or consider party offered modifications; an additional evaluation period not exceeding fifteen days may be excluded from certain statutory timelines. Acceptance by the parties or agreement by the Commission to amendments leads to approval and requires implementation of modifications under specified terms and an affidavit of compliance; failure to accept within the prescribed or extended time results in the combination being deemed to have an appreciable adverse effect and dealt with under the Act.
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