TaxTMI 
TaxTMI 
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2019.
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....etition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011,- (1) after regulation 5, the following regulation shall be inserted, namely:- "5A. Notice for approval of combinations under Green Channel.- (1) For the category of combination mentioned in Schedule III, the parties to such combination may, at their option, give notice in Form I pursuant to regulation 5 along with the declaration specified in Schedule IV. (2) Upon filing of a notice under sub-regulation (1) and acknowledgement thereof, the proposed combination shall be deemed to have been approved by the Commission under sub-section (1) of section 31 of the Act: Provided that where the Commission finds that the combination does not fall under Schedule III and/or the declaration filed pursuant to sub-regulation (1) is incorrect, the notice given and the approval granted under this regulation shall be void ab initio and the Commission shall deal with the combination in accordance with the provisions contained in the Act: Provided further that the Commission shall give to the parties to the combination an opportuni....
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....and turnover of the parties to the combination in the format given below: Name of the Parties Assets (as on ____) Turnover (for FY______) In India (INR crore) Worldwide In India (INR crore) Worldwide USD (million) INR (crore) USD (million) INR (crore) Party 1 Party 2 Combined 5. Describe the combination by providing information regarding the following: 5.1. Scope of the combination notified pursuant to sub-section (2) of section 6 of the Act (with reference to relevant clause under the agreement(s), as applicable): 5.1.1. Details of acquisition or merger or amalgamation, as the case may be, with reference to relevant clause of section 5; 5.1.2. Any other transaction(s) that is/are inter-connected, in terms of sub-regulation (4) and / or (5) of regulation 9 of these regulations; and 5.1.3. Right(s) acquired or arising out of or in connection with the transaction(s) referred to at 5.1.1 and 5.1.2 above. ....
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....2. Estimate, indicating the relevant source and the basis of estimate, the total size of the market for last three years, in terms of value of sales (in rupees) and volume (units); 6.4.3. Sales in value (in rupees) and volume (units) along with an estimate of the market share(s) of each of the parties to the combination (including their relevant group entities), for the last three years; and 6.4.4. Name and contact details of the five largest competitors (along with their market shares for last three years), customers and suppliers. 6.5. Vertical and Complementary Activities : State as to whether any of the parties to the combination and/or their respective group entities, directly or indirectly, are engaged in: any activity relating to the production, supply, distribution, storage, sale and service or trade in products or provision of services which is at different stages or levels of the production chain in which any other party to the combination is involved, considering all plausible alternative(s); and/or any complementary activities: Yes ___No.....___ If the answer is yes, furnish the following information [information ....
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....ve years, provide details of said proceeding(s). Part VII: Green Channel [See Regulation 5A] 7. Whether the notice for the proposed combination is under Green Channel: Yes ___No.....___ Part VIII: Attachments 8. Attach the following documents: 8.1. Authorisation for signing the notice (refer item 1.6 above). 8.2. Acknowledgement for payment of fees to the Commission (refer item 2 above). 8.3. Authorisation for receiving communication (refer item 3 above). 8.4. Annual report of the parties to the combination, for the preceding financial year. 8.5. Summary of the combination in terms of sub-regulation (1A) of regulation 13 of these regulations. 8.6. Chart depicting shareholding/extent of ownership and voting right (if different from ownership pattern) along with details of control, prior to and after the combination, of: (a) the parties to the combination starting from their ultimate parent entity and controlling shareholder(s); and (b) for the enterprises, whose structure, ownership and control will be directly or indirectly affected by the combination. 8.7. Copy of approva....
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.... likely to cause adverse effect on competition. 3. The notifying party confirms that it has not made any statement which is false in any material particular or knowing it to be false; or omitted to state any material particular knowing it to be material. The notifying party understands that if any of the above statements is found to be incorrect, the notice given and the approval granted, under regulation 5A, shall be void ab initio. Signed by or on behalf of the notifying party Signature(s) Name (in block letters): Designation: Date: ________________ Note: In case there are more than one notifying party, each party shall file this declaration.". P. K. SINGH, Secy. [Advt.-III/4/Exty./174/19] Note: Principal regulations were published vide notification number F. No. 1-1/ Combination Regulations/2011-12/CD/CCI in the Gazette of India, Extraordinary, Part III, Section 4, dated the 11th May, 2011 and were subsequently amended by,- (a) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2012 published vide F. No. 3-1/Amend/Comb.Regl./2012/CD/CCI in the Gazette o....