Home Acts & Rules Law of Competition Regulation CCI (Procedure In Regard To The Transaction Of Business Relating To Combinations) Regulations, 2011 This
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Regulation 9 - Obligation to file the notice - CCI (Procedure In Regard To The Transaction Of Business Relating To Combinations) Regulations, 2011Extract 9. Obligation to file the notice:- (1) In case of an acquisition or acquiring of control of enterprise(s), the acquirer shall file the notice in Form I or Form II, as the case may be, which shall be duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009. (2) In case the enterprise is being acquired without its consent, the acquirer shall furnish such information as is available to him, in Form I or Form II, as the case may be, relating to the enterprise being acquired: Provided that all information required to be filed, relating to the enterprise being acquired shall be filed with the Commission within fifteen days from filing of the notice and in case the acquirer is not in a position to furnish all the required information in Form I or Form II, as the case may be, relating to the enterprise being acquired, the Commission may direct the enterprise being acquired to furnish such information as it deems fit and the time taken by the parties to the combination or the acquired enterprise, as the case may be, in furnishing the required information including document(s) shall be excluded from the period provided in sub- section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations. (3) In case of a merger or an amalgamation, parties to the combination shall jointly file the notice in Form I or Form II, as the case maybe, duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009. (4) Where the ultimate intended effect of a business transaction is achieved by way of a series of steps or smaller individual transactions which are inter-connected or inter-dependent on each other, one or more of which may amount to a combination, a single notice, covering all these transactions, may be filed by the parties to the combination.
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