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TMI BlogForm of notice for the proposed combinationX X X X Extracts X X X X X X X X Extracts X X X X ..... dence of payment of requisite fee by the parties to the combination. ] 2 [ (3) Notwithstanding anything contained in sub-regulation (2) and without prejudice to the provisions of sub-regulation (5), the parties to the combination may, at their option, give notice in Form II, as specified in schedule II to these regulations, preferably in the instances where- (a) the parties to the combination are engaged in production, supply, distribution, storage, sale or trade of similar or identical or substitutable goods or provision of similar or identical or substitutable services and the combined market share of the parties to the combination after such combination is more than fifteen percent (15%) in the relevant market ; (b) the parties to the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e II to these regulations: Provided that the fee already paid by the parties to the combination while filing notice in Form I shall be reduced from the fee payable for filing notice in Form II: 3 [ Provided further that the time period mentioned in sub-section (2A) of section 6 of the Act, sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations shall commence from the date of receipt of notice in Form II. ] (6) If the requisite details are not available for any of the columns in Form I or Form II, the date on which they may be submitted should be clearly indicated against those columns, by the parties to the combination: Provided that the time taken by the parties to the combination to submit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquire control, shares, voting rights or assets : Provided that if the acquisition is without the consent of the enterprise being acquired, any document executed by the acquiring enterprise, by whatever name called, conveying a decision to acquire control, shares or voting rights shall be the 'other document': 8 [ Provided further that where a public announcement has been made in terms of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, for acquisition of shares, voting rights or control, such public announcement shall be deemed to be the other document ] 4 [ (9) Where, in a series of steps or individual transactions that are related to each other, assets are being tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts of goods or services from India after the combination takes effect: Provided that the market share of the combined entity is less than fifteen percent (15%) in the relevant market in India. Explanation: A party to the combination shall be deemed to be predominantly engaged in export of goods or services from India if at least seventy five percent (75%) of the turnover of the party to the combination is derived from exports out of India (c) an acquisition or acquiring of control over an enterprise is by a liquidator, administrator or receiver appointed through court proceedings or through any scheme approved under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 or under the Sick I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was read as, Provided further that the time taken by the parties to the combination in filing notice in Form II 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. 4. Inserted vide F.No.3-1/Amend/Comb. Regl./2012/CD/CCI dated 23-02-2012 5. Inserted vide F. No. CCI/CD/Amend/Comb.Regl./2015 dated 01-07-2015 6. Omitted vide F. No. CCI/CD/Amend/Comb.Regl./2015 dated 01-07-2015 before it was read as, the Central Government or State Government or 7. Omitted vide F.No. CCI/CD/Amend/Comb.Regl./2016 dated 07-01-2016 before it was read as, verified 8. Substituted vide F.No. CCI/CD/Amend/Comb.Regl./2016 dated 07-01-2016 before it was read as, Provided ..... X X X X Extracts X X X X X X X X Extracts X X X X
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