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TMI BlogRegistration No: (to be assigned by the Competition Commission of India) Information required to be filled in by the notifying party(ies)X X X X Extracts X X X X X X X X Extracts X X X X ..... if any: Part II: Proof of payment of fees [See Clause (a) of Regulation 11] 2. Particulars of fee deposited Part III: Authorization regarding communication 3. Name, complete address and contact details of individual(s) located in India who is authorized to receive communication(s) on behalf of each of the notifying party(ies). Part IV: Meeting the thresholds [See section 5 of the Act] 4. Financial details and Value of Transaction 4.1 Details of assets and turnover of the parties to the combination in the format givenbelow: Name of the Parties Assets (as on___) Turnover (for FY___) In India (Rupees in crore) Worldwide In India (Rupees in crore) Worldwide USD (million) (Rupees in crore) USD (million) (Rupees in crore) Party 1 Party 2 Combined 4.2 Value of Transaction for combinations covered under section 5(d) of the Act and meeting of criteria prescribed under sub-regulation (2) of the regulation 4 of these regulations; Part V: Description of the combination 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 or section 6A of the Act (with reference to relevant clause under the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lternative of relevant product and relevant geographic market; 6.4.2 Estimate, indicating the relevant source and the basis of estimate, the total size of the market for last three years, in terms of value of sales (in rupees) and volume (units); 6.4.3 Sales in value (in rupees) and volume (units) along with an estimate of the market share(s) of each of the parties to the combination (including their relevant group entities), for the last three years; and 6.4.4 Name and contact details of the five largest competitors (along with their market shares for last three years), customers and suppliers. 6.5 Vertical and Complementary Activities : State as to whether any of the parties to the combination and/or their respective group entities, directly or indirectly, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnel 7. Whether the notice for the proposed combination is under Green Channel: Yes No Part VIII: Attachments 8. Attach the following documents: 8.1 Authorisation for signing the notice (refer item 1.6 above). 8.2 Acknowledgement for payment of fees to the Commission (refer item 2 above). 8.3 Authorisation for receiving communication (refer item 3 above). 8.4 Annual report of the parties to the combination, for the preceding financial year. 8.5 Document(s) referred under explanation (f) and (h) to sub-regulation (1) of regulation 4, if applicable. 8.6 Summary of the combination in terms of sub-regulation (2) of regulation13 of these regulations. 8.7 Chart depicting shareholding/extent of ownership and voting right (if different from ownership pattern) along with details of control, prior to and after the combination, of: (a) the 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. 8.8 Copy of approval or agreement/documents as referred to in sub-section (2) of section 6 read with regulation 5 of these regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeting the thresholds [See section 5 of the Act] 4. Financial details and Value of Transaction 4.1. Details of assets and turnover of the parties to the combination in the format given below: Name of the Parties Assets (as on___) Turnover (for FY___) In India (Rupees in crore) Worldwide In India (Rupees in crore) Worldwide USD (million) (Rupees in crore) USD (million) (Rupees in crore) Party 1 Party 2 Combined 4.2. Value of Transaction for combinations covered under section 5(d) of the Act and meeting of criteria prescribed under sub-regulation (2) of the regulation 4 of this regulations; Part V: Description of the combination 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 or section 6A 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of value of sales (in rupees) and volume (units); 6.4.3. Sales in value (in rupees) and volume (units) along with an estimate of the market share(s) of each of the parties to the combination (including their relevant group entities), for the last five years; 6.4.4. Name and contact details of the largest competitors having market share of at least five percent (along with their market shares for last five years), customers (along with their individual shares in supplies made by the party for last five years) and suppliers (along with their individual shares in procurement made by the party for last five years) of each the party; 6.4.5. Details of structure of market and demand: 6.4.5.1. Level of concentration, in terms of number of enterprise CR4 Index, and HHI (Herfindahl - Hirschman Index), in the relevant market(s), pre and post the combination; 6.4.5.2. Nature and extent of competition in the relevant market(s), supported by market studies, forecast, surveys etc, (if any); 6.4.5.3. Extent and importance of product differentiation in terms of attributes, quality, price, intended use, user experience etc. and the degree to which the products or services of the parties to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in next two years; 6.4.8.4. Details of entry or attempt to entry by any party to the combination in any geographic area in India for the relevant product(s)/service(s) during the last five years; and 6.4.8.5. Details of pipeline acquisitions in same relevant market(s) by the parties to the combination. 6.4.9. Exit from the relevant market(s): 6.4.9.1. Details of enterprise(s) that have exited or attempted to exit from the relevant market(s) in the last five years; 6.4.9.2. Details of likelihood of exit of enterprise(s) of significant size in the relevant market(s) within next two years; 6.4.9.3. Details of likely reduction in scope and/or change in nature/extent/volume of supply of identical, similar or substitutable product(s) and/or service(s) offered by the parties to the combination as a result of, in connection with or in furtherance of the combination; 6.4.9.4. Details of pipeline products or services, planned expansion (whether in terms of capacity or geographic area etc.) in same relevant market(s) by the parties to the combination, absent the combination, and likely impact of the combination on such product or services or expansion. 6.4.10. Details of imports; 6.4.11. Deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of number of enterprise CR4 Index, and HHI (Herfindahl - Hirschman Index), in the relevant market(s), pre and post the combination; 6.5.8.2. Nature and extent of competition in the relevant market(s), supported by market studies, forecast, surveys etc, (if any); 6.5.8.3. Ease of switching and cost involved therein (in terms of time and expense) for customers for switching from one supplier to another or one product to another. 6.5.8.4. Details of recent disruptions in the market, be it technological or any change in business models or any product or process innovation (s) or by any other means that have altered markets; and 6.5.8.5. Degree of competition constraint exerted by imports; 6.5.9. Details of legal and regulatory framework: 6.5.9.1. Regulations / laws / rules / procedures / official press notes / directions / notifications, tariff and non-tariff regulations, etc., which restrict production, supply, distribution of the relevant products or services of the parties to the combination; 6.5.9.2. Local specifications prescribed by government / departments / authorities regarding relevant products or services; 6.5.9.3. Licensing / registration requirements to set up facilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction, 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; and/or (c) complementary activities. If yes, provide details and necessary information as per item 6.1 to 6.5 above along with a tabular presentation illustrating direct or indirect shareholding, right or ability to exercise any right (including any advantage of commercial nature with any of the party or its affiliates) that is not available to an ordinary shareholder and right or ability to nominate a director or observer in another enterprise (s); 6.7. Brief overview of the sector(s) in which the parties to the combination operate; 6.8. Likely impact of the Combination on the economy, market(s) and consumers; and 6.9. If any of the parties to the combination was a party to any proceeding before the Commission under or pursuance to any provision of the Act or before other competition authority(ies), during the last five years, provide details of said proceeding(s). Part VII: Attachments 7. Attach the following documents: 7.1. Authorisation for signing the notice ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are its best estimates based on the underlying facts. Signed by or on behalf of the notifying party Signature(s) Name (in block letters): Designation: Date:__________ FORM III [See regulation 21(2)] Details of combination under subsection (2) of Section 29 of the Competition Act, 2002 1. The Competition Commission of India ( Commission ) is investigating into the combination between [●] (name and address) and [●] (name and address). 2. The details of the combination in form of the summary, as provided by the parties to the combination under column 1 of Form II are asunder: 3. In order to determine whether the combination has or is likely to have an appreciable adverse effect on competition in the relevant market in India, the Commission invites comments/ objections/ suggestions in writing, from any person(s) adversely affected or likely to be affected by the combination, to submit in writing, as provided under sub- section (3) of section 29 of the Act, to be addressed to the Secretary, Competition Commission of India, 10th Floor, NBCC Office Complex, Office Block I, East Kidwai Nagar, New Delhi-110023, within ten days from the date of this publication. 4. The comments/o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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