TaxTMI 
TaxTMI 
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2022
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....ion Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, in Schedule II,- (1) for FORM II, the following FORM shall be substituted, namely,- "FORM II [See regulation 5(3)] Registration No: (to be assigned by the Competition Commission of India) Information required to be filled in by the notifying party(ies) Part I: Basic information 1. Information about each of the party to the combination: 1.1. Legal names of parties to the combination and their role: 1.2. Legal status of the parties to the combination (Company/Firm/LLP/Trust etc.): 1.3. Jurisdiction of incorporation/formation: 1.4. Registration number (if applicable): 1.5. Complete registered address / principal business address: 1.6. Name of the person signing on behalf of the parties to the combination and his contact details (email address, telephone number, mobile number, including country/city/area code): 1.7. Complete address and contact details in India: 1.8. Website address: 1.9. Relevant 4-digit National Industrial Classification of the activities of ....
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....ties of parties to the combination and sector overview 6. Details about each of the parties to the combination: 6.1. Name of the group to which the parties to the combination belong. 6.2. For each of the parties to the combination, details regarding the following: 6.2.1. Entities in India and the presence in India (for example, sales office, factory, liaison office, branch office, franchise or through any entity from outside India, etc.); 6.2.2. CEO / CFO /directors /partners /trustees / person in charge / other key managerial person(s) during the last one year; 6.2.3. Trade name(s), business name(s) and the brand name(s) used in India; and 6.2.4. Overview of activities worldwide and in India, as applicable. 6.3. List/details of the products (manufactured, supplied, distributed, and/or sold) and/or services provided by the parties to the combination. 6.4. Horizontal Overlaps - State as to whether the parties to the combination and/or their respective group entities, directly or indirectly, produce/provide similar or identical or substitutable products or services, considering all plausible alternative(s): ....
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....work: 6.4.6.1. Regulations / laws / rules / procedures / official press notes / directions / notifications / tariff and non-tariff regulation, etc., which restrict production, supply, distribution of the similar or identical or substitutable products or services of the parties to the combination; 6.4.6.2. Local specifications prescribed by government / departments / authorities regarding similar or identical or substitutable products or services; 6.4.6.3. Licensing / registration requirements to set up facilities for production / supply of the similar or identical or substitutable products or services; and 6.4.6.4. Government procurement policies which offer special dispensation to the parties to combination or their competitors. 6.4.7. Research and Development (R&D): 6.4.7.1. Importance of R&D capabilities and possession of intellectual property rights to enable an enterprise to remain competitive or to survive in the relevant market(s); 6.4.7.2. Nature and extent of the R&D activities, if any, carried out by the parties to the combination over last past five years and material intellectual property rights possessed by....
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....directly, 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 shall be furnished for each the plausible alternative relevant market(s)]: 6.5.1. Details of the upstream and downstream activities or the complementary activities as the case may be, and the relevant product and relevant geographic market(s), considering all plausible alternative(s), alongwith explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market(s); 6.5.2. Market size for the last five years for relevant product and/or services; 6.5.3. Market share of each of the parties to the combination (including their relevant group entities) for relevant product and/or services for the last five years; 6.5.4. Name and contact details of the larges....
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....licies which offer special dispensation to the parties to combination or their competitors. 6.5.10. Research and Development (R&D): 6.5.10.1. Importance of R&D capabilities and possession of intellectual property rights to enable an enterprise to remain competitive or to survive in the relevant market(s); and 6.5.10.2. Nature and extent of the R&D activities, if any, carried out by the parties to the combination over last past five years and material intellectual property rights possessed by the parties to the combination; and 6.5.10.3. Ease of procurement of relevant technologies including imports and off shelf purchases. 6.5.11. Entry into the relevant market(s): 6.5.11.1. Factors influencing entry into the relevant market(s); 6.5.11.2. Details of enterprise(s) that have entered or attempted to enter the relevant market(s) in the last five years; 6.5.11.3. Details of likelihood of entry of enterprise(s) of significant size in the relevant market(s) in the next two years; 6.5.11.4. Details of entry or attempt to entry by any party to the combination in relevant upstream or downstream markets during la....
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....ttachments 7. Attach the following documents: 7.1. Authorisation for signing the notice (refer item 1.6 above). 7.2. Acknowledgement for payment of fees to the Commission (refer paragraph 2 above). 7.3. Authorisation for receiving communication (refer paragraph 3 above). 7.4. Annual report of the parties to the combination, for the preceding financial year. 7.5. Summary of the combination in terms of sub-regulation (1A) of regulation 13 of these regulations. 7.6. Executive summary of the proposed combination specifying: (a) the parties to the combination; (b) the nature of the combination; (c) the areas of activities of the parties to the combination; (d) the market(s) (including its structure and state of competition) in which the combination will have or is likely to have an impact; (e) information with reference to sub-section (4) of section 20 of the Act; and (f) expected timeframe for completion of various stages of the Combination. 7.7. Chart depicting shareholding/extent of ownership and voting right (if different from ownership pattern) along with details of control, prior to and after the c....
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.... Section 4, dated the 23rd February, 2012; (b) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2013 published vide F. No. 31/Amend/Comb. Regl./2012/ CD/CCI in the Gazette of India, Extraordinary, Part III, Section 4, dated the 4th April, 2013; (c) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014 published vide F. No. CCI/CD/Amend/Comb.Regl./2014 in the Gazette of India, Extraordinary, Part III, Section 4, dated the 28th March, 2014; (d) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015 published vide F. No. CCI/CD/Amend/Comb.Regl./2015 in the Gazette of India, Extraordinary, Part III, Section 4, dated the 1st July, 2015; and (e) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016 published vide F. No. CCI/CD/Amend/Comb.Regl./2016 in the Gazette of India, Extraordinary, Part III, Section 4, dated the 7th January, ....