On 06.05.2014, the Competition Commission of India received a notice from Sun Pharmaceuticals Industries Limited (Sun Pharma) and Ranbaxy Laboratories Limited (Ranbaxy) in relation to the merger of Ranbaxy into Sun Pharma.

In terms of Section 29(2) of the Competition Act, 2002 (Act), the Commission formed a prima facie opinion that the combination is likely to have an appreciable adverse effect on competition and accordingly directed Sun Pharma and Ranbaxy (Parties) to publish details of the combination within ten working days for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination.

The parties are required to publish the details of the combination in All India editions of four leading daily newspapers, including at least two business newspapers, and also host the same on their respective websites. The said details are also available on the website of the Commission (http://cci.gov.in/index.php?option=com_content&task=view&id=196).

As per the provisions of Section 29(3) of the Act, the Commission invites comments/objections/ suggestions in writing, from any person(s) adversely affected or likely to be affected by the combination, to be addressed to the Secretary, Competition Commission of India, the Hindustan Times House, 7^th  Floor, 18-20, Kasturba Gandhi Marg, New Delhi- 110001, within fifteen working days from the date of publication.

Prima facie competition concern triggers public consultation and mandated publication for proposed pharmaceutical merger by regulator. The Competition Commission formed a prima facie opinion under Section 29(2) that the Sun-Ranbaxy combination is likely to have an appreciable adverse effect on competition and directed the parties to publish and host details of the combination. Under Section 29(3) the Commission invited written comments, objections or suggestions from persons likely to be affected, requiring publication in four All India newspapers (including two business papers) and submissions to the Secretary within fifteen working days from publication.