Green channel approval: filing Form I with prescribed declaration yields deemed approval unless Commission finds ineligibility. Regulation 5A allows parties to optionaly file a Form I notice with the Schedule IV declaration for combinations in Schedule III; once filed and acknowledged the combination is deemed approved under section 31(1). If the Commission later finds the combination outside Schedule III or the declaration incorrect, the notice and deemed approval are void ab initio and the Commission will proceed under the Act, but must first give the parties an opportunity of being heard.
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.
Green channel approval: filing Form I with prescribed declaration yields deemed approval unless Commission finds ineligibility.
Regulation 5A allows parties to optionaly file a Form I notice with the Schedule IV declaration for combinations in Schedule III; once filed and acknowledged the combination is deemed approved under section 31(1). If the Commission later finds the combination outside Schedule III or the declaration incorrect, the notice and deemed approval are void ab initio and the Commission will proceed under the Act, but must first give the parties an opportunity of being heard.
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