The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014 - ADVT. III/4/Exty./187-M/13 - Competition Law
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Substance-over-form in merger filings: restructuring that avoids notice will be disregarded, altering filing assessment and fees. Substance-over-form is made determinative for notice obligations, disregarding any transaction structure designed to avoid filing; filing fees are increased; Schedule changes omit a regulation and a category; Form I now requires disclosure of horizontal or vertical overlaps and whether filings exist in other jurisdictions with certified orders; Form II prescribes audited two year asset and turnover reporting for India and worldwide and removes the instruction requiring signature verification on each page.
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.
Substance-over-form in merger filings: restructuring that avoids notice will be disregarded, altering filing assessment and fees.
Substance-over-form is made determinative for notice obligations, disregarding any transaction structure designed to avoid filing; filing fees are increased; Schedule changes omit a regulation and a category; Form I now requires disclosure of horizontal or vertical overlaps and whether filings exist in other jurisdictions with certified orders; Form II prescribes audited two year asset and turnover reporting for India and worldwide and removes the instruction requiring signature verification on each page.
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