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TMI BlogCompetition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2019.X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 opportunity of being heard before arriving at a finding that the combination does not fall und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 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. 5.2. Step(s) to give effect to the combination, along with timelines for each step(s) of the combination. 5.3. Economic and strategic purpose (including business objective and rationale for each of the parties to the combination and the manner in which they are intended to be achieved) of the combination. 5.4. Value of the proposed combination. 5.5. Foreign investment as a result of the combination (FDI, FPI, etc., if any, in INR) and country(ies) of origin. 5.6. Filing requirements and its status in jurisdictions other than Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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]: 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 markets, considering all plausible alternative(s), along with explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market; 6.5.2. Market size for the last three 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 three years; 6.5.4. Market share of five largest competitors for relevant product and services for the last three years; and 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 approval or agreement/documents as referred to in sub-section (2) of section 6read with regulation 5 of these regulations. 8.8. Documents, material (including reports, studies, plan, latest version of other documents), etc. considered by and/or presented to the board of directors and/or key managerial person of the parties to the combination and/or their relevant group entities, in relation to the proposed combination. 8.9. If the notice for the proposed combination is under Green Channel, declaration in terms of Schedule IV. DECLARATION The notifying party confirms that it has furnished all the information and documents as required in Form-I, read with notes thereto. The notifying party declares and confirms that all information given in this Form and all pages annexed hereto are true, correct and complete to the best of its knowledge and belief, and that all estimates are identified as such and are its best estimates based on the underlyin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss relating to combinations) Amendment Regulations, 2012 published vide F. No. 3-1/Amend/Comb.Regl./2012/CD/CCI in the Gazette of India, Extraordinary, Part III, 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. 3-1/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 01st July, 2015 ; (e) The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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