Regulation 14 - Scrutiny of notice and inquiry - CCI (Combinations) Regulations, 2024

14. Scrutiny of notice and inquiry. (1) The notice filed under regulation 5 or regulation 8 of these regulations shall not be valid unless it is complete and in conformity with these regulations. (2) Where the information or document(s) contained in the notice under regulation 5 or regulation 8 of these regulations or any response filed pursuant to these regulations appears to be incomplete in any respect, the parties to the combination may be asked to remove such defect(s) or furnish the required information including document(s): Provided that the defects in notice shall be communicated to the parties to the combination within ten working days of receipt of notice. (3) The parties shall comply with the directions as referred to in sub-regulation (2) within the time specified by the Commission and the notice shall be deemed to have been given under regulation 5 or regulation 8 of these regulations only on the date of such compliance. (4) Where, it is found by the Commission that it requires additional information, the Commission may direct the parties to the combination to file such additional information. (5) The directions under sub-regulation (4) shall be complied within the time specified by the Commission and in the case of the notice filed under regulation 5 of these regulations, the time taken to furnish the required information including document(s) shall be excluded from the period provided in sub-section (2A) of section 6 ; sub-section (1B) of Section 29 ; and sub-section (6) of section 31 of the Act. (6) The Secretary shall place the proof of service of communications as referred to in sub- regulation (2), (3) and (4) on record. (7) In case of failure to remove the defects or failure to furnish the required information including documents(s), within the time specified, the notice given under regulation 5 or regulation 8 of these regulations shall not be treated as a valid notice: Provided that the Commission may give an opportunity of being heard to the parties to the combination in accordance with regulation 23 of these regulations before deciding to invalidate a notice: Provided further that the Commission may, after recording reasons, invalidate a notice given under regulation 5 or regulation 8 of these regulations when it comes to the knowledge of the Commission that such notice is not valid as per sub-regulation (1) and, in that case, the Secretary shall convey the decision of the Commission to person who has given notice within seven days of such decision of the Commission: Provided further that the period between the commencement of proceedings under this regulation till the decision of the Commission regarding validity of the notice, shall be excluded from the period specified in sub-section (2A) of section 6 ; sub-section (1B) of section 29 , and sub-section (6) of section 31 of the Act: Provided further that where a notice is given again after invalidation, the fee already paid shall be adjusted against the fee to be paid in respect of the new notice if such notice is given within a period of forty-five days from the date of communication of the decision of the Commission. (8) Where the Commission deems it necessary, it may call for information from any other person as to whether a combination has caused or is likely to cause an appreciable adverse effect on competition in India: Provided that the time taken in obtaining the information from such person(s) shall be excluded from the time provided in sub-section (2A) of section 6 ; sub-section (1B) of section 29 , and sub-section (6) of section 31 of the Act: Provided further that where the Commission calls for information under this sub- regulation, the same shall be communicated by the Secretary to the person who has given notice.