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TMI BlogCompetition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to the transaction of business relating to combinations) Regulations, 2011 , in Schedule II ,- (1) for FORM II, the following FORM shall be substituted, namely,- FORM II [See regulation 5(3)] Registration No: (to be assigned by the Competition Commission of India) Information required to be filled in by the notifying party(ies) Part I: Basic information 1. Information about each of the party to the combination: 1.1. Legal names of parties to the combination and their role: 1.2. Legal status of the parties to the combination (Company/Firm/LLP/Trust etc.): 1.3. Jurisdiction of incorporation/formation: 1.4. Registration number (if applicable): 1.5. Complete registered address / principal business address: 1.6. Name of the person signing on behalf of the parties to the combination and his contact details (email address, telephone number, mobile number, including country/city/area code): 1.7. Complete address and contact details in India: 1.8. Website address: 1.9. Relevant 4-digit National Industrial Classification of the activities of the parties to the combination: 1.10. Date of pre-filing consultation, if any: Part II: Payment of fee [See clause (b) of regulation 11] 2. Part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... key managerial person(s) during the last one year; 6.2.3. Trade name(s), business name(s) and the brand name(s) used in India; and 6.2.4. Overview of activities worldwide and in India, as applicable. 6.3. List/details of the products (manufactured, supplied, distributed, and/or sold) and/or services provided by the parties to the combination. 6.4. Horizontal Overlaps State as to whether the parties to the combination and/or their respective group entities, directly or indirectly, produce/provide similar or identical or substitutable products or services, considering all plausible alternative(s): Yes No If the answer is yes, furnish the following information [information shall be furnished for each of the plausible alternative relevant market(s)]: 6.4.1. Details of the overlapping products/ services and the relevant product(s) and relevant geographic market(s), considering all plausible alternative(s), alongwith explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market(s); 6.4.2. Estimate, indicating the relevant source and the basis of estimate, the total size of the market for last five years, in terms of value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their competitors. 6.4.7. Research and Development (R D): 6.4.7.1. Importance of R D capabilities and possession of intellectual property rights to enable an enterprise to remain competitive or to survive in the relevant market(s); 6.4.7.2. Nature and extent of the R D activities, if any, carried out by the parties to the combination over last past five years and material intellectual property rights possessed by the parties to the combination; 6.4.7.3. Scheduled and / or intended R D activities of parties of the combination, with and without the combination. Effect of the combination on extent, nature and/or size of R D activities of the parties to the combination, and likely impact of such change on competition in the relevant market(s); and 6.4.7.4. Ease of procurement of relevant technologies including imports and off shelf purchases. 6.4.8. Entry into the relevant market(s): 6.4.8.1. Factors influencing entry into the relevant market(s); 6.4.8.2. Details of enterprise(s) that have entered or attempted to enter the relevant market(s) in the last five years; 6.4.8.3. Details of likelihood of entry of enterprise(s) of significant size in the relevant market(s) within next two yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es; 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 five years; 6.5.4. Name and contact details of the largest competitors having market share of at least five percent (along with their market shares for the last five years) for relevant product and services; 6.5.5. Name and contact details of five largest customers of each of the parties having presence in upstream market along with individual share of such customers in supplies made by the party(ies) for last five years; 6.5.6. Name and contact details of five largest suppliers of each of the parties having presence in downstream market along with individual share of such suppliers in procurement made by the party(ies) for last five years; 6.5.7. Existing supply arrangements between the parties to the combination along with volume and value of transactions, during the previous financial year and percentage of such sales/consumption of the respective parties in relation to the total sales/consumption in each of the market(s); 6.5.8. Details of structure of market and demand: 6.5.8.1. Level of concentration, in terms of number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring last five years; 6.5.11.5. Details of planned entry in any geographic area in India or expansion, whether in terms of capacity or geographic area etc., in relevant upstream product / service or downstream product / service; and 6.5.11.6. Details of pipeline acquisitions in same relevant upstream or downstream market by the parties to the combination. 6.5.12. Exit from the relevant market(s): 6.5.12.1. Details of enterprise(s) that have exited or attempted to exit from the relevant market(s) in the last five years; and 6.5.12.2. Details of likelihood of exit of enterprise(s) of significant size in the relevant market(s) within next two years. 6.5.13. Details of imports; 6.5.14. Details of exports; and 6.5.15. Information with reference to other factors given under sub-section (4) of section 20 of the Act. 6.6. Whether any of the parties to the combination or any of their group entities has direct or indirect shareholding and/or control over another enterprise(s) engaged in: (a) production, distribution or trading of similar/ identical/ substitutable products or provision of similar/ identical/ substitutable services; and/or (b) any activity relating to the production, supply, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrol will be directly or indirectly affected by the combination. 7.8. Recent organisational chart of each of the parties to the combination. 7.9. Copy of approval or agreement/documents as referred to in sub-section (2) of section 6 of the Act read with regulation 5 of these regulations. 7.10. Documents, material (including reports, studies, plan, latest version of other documents), etc. considered by and/or presented to parties to the combination including their relevant group entities and/or their board of directors and/or key managerial person, in relation to the proposed combination. DECLARATION The notifying party confirms that it has furnished all the information and documents as required in Form II, read with notes thereto, if any. 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 underlying facts. Signed by or on behalf of the notifying party Signature(s) Name (in block letters): Designation: Date: ________________ . ; (2) in FORM IV,- (a) in paragraph (2), ..... X X X X Extracts X X X X X X X X Extracts X X X X
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