Regulation 19 - Prima facie opinion on the combination - CCI (Procedure In Regard To The Transaction Of Business Relating To Combinations) Regulations, 2011

19. Prima facie opinion on the combination. (1) The Commission shall form its prima facie opinion under sub-section (1) of section 29 of the Act, on the notice filed in Form I or Form II, as the case may be, as to whether the combination is likely to cause or has caused an appreciable adverse effect on competition within the relevant market in India, within 1 [ thirty working days ] of receipt of the said notice. 3 [ (2) Before the Commission forming an opinion under sub-section (1) of section 29 of the Act, the parties to the combination may offer modification to the combination and on that basis, the Commission may approve the proposed combination under sub-section (1) of section 31 of the Act : Provided that where modification is offered by the parties to the combination, the additional time, not exceeding fifteen days, needed for evaluation of the offered modification, shall be excluded from the period provided in sub-regulation (1) of this regulation, sub-section (2A) of section 6 of the Act and sub-section (11) of section 31 of the Act . ] (3) Where the Commission deems it necessary, it may call for information from any other enterprise while inquiring as to whether a combination has caused or is likely to cause an appreciable adverse effect on competition in India. 2 [ Provided that the time taken in obtaining the information from such enterprise(s) shall be excluded from the time, not exceeding fifteen working days, provided in sub-regulation (1) of this regulation. ] ************** NOTES:- 1. Substituted vide F. No. CCI/CD/Amend/Comb.Regl./2015 dated 01-07-2015 before it was read as, thirty days 2. Inserted vide F. No. CCI/CD/Amend/Comb.Regl./2015 dated 01-07-2015 3. Substituted vide F. No. CCI/CD/Amend/Comb.Regl./2018 dated 09-10-2018 before it was read as, (2) For the purpose of forming its prima facie opinion under sub-section (1) of section 29 of the Act, the Commission may, if considered necessary, require the parties to the combination to file additional information or accept modification, if offered by the parties to the combination before the Commission has formed prima facie opinion under sub-regulation (1), as deemed fit by it: Provided that the time taken by the parties to the combination, in furnishing the additional information or for offering modification shall be excluded from the period provided in sub-regulation (1) of this regulation and sub-section (11) of section 31 of the Act. Provided further that in such a case where the modification is offered by the parties to the combination before the Commission has formed the prima facie opinion under sub- regulation (1), the additional time, not exceeding fifteen days, needed for evaluation of the offered modification, shall be excluded from the period provided in sub-regulation (1) of this regulation and sub-section (11) of section 31 of the Act.