The Competition Commission of India (CCI), in continuation of its efforts towards simplifying and providing greater clarity on the application of the combination provisions of the Act and the Combination Regulations, has further amended the Combination Regulations on 09^th October 2018. This amendment inter alia provide certainty & transparency and expedites faster disposal of combination cases before CCI.

The provisions of the Competition Act, 2002 (“Act”) relating to the regulation of combinations as well as the Combination Regulations have been in force with effect from 1^st June 2011.

A key change brought about by the present amendments is that the parties to combinations can now submit remedies voluntarily in response to the notice issued under Section 29(1) of the Act. If such remedies are considered sufficient to address the perceived competition harm, the combination can be approved. This amendment is expected to expedite disposal of such combination cases.

In another significant amendment, where the notice is found to exhibit significant information gaps, parties to combinations are allowed to withdraw the notice and refile the same. With this amendment, the parties could address the deficiencies without facing an invalidation by CCI. Further, fee already paid in respect of such notice shall be adjusted against the fee payable in respect of new notice, if the refiling is done within a period of 3 months. 

Apart from these, certain consequential and other clarificatory changes have also been made in the Combination Regulations. 

A copy of the amendment is available on the website of the Commission: www.cci.gov.in

Ref. Notification - F. No. CCI/CD/Amend/Comb.Regl./2018 - Dated: 9-10-2018

Voluntary remedies now allowed after a Section 29(1) notice, enabling approval where competition concerns are addressed promptly. Parties may now submit voluntary remedies in response to a notice under Section 29(1); if the remedies address perceived competition harm, the combination may be approved to expedite disposal. Parties may withdraw and refile notices with significant information gaps and, if refiling is within three months, the fee already paid will be adjusted against the fee for the new notice.