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ARTICLE · 04 APRIL 2022

Competition Update: CCI Amends The Combination Regulations, 2011 To Update And Replace Form II For A Combination Filing

On March 31, 2022, the Competition Commission of India, in exercise of the powers conferred on it under Section 64 of the Competition Act, 2002, amended the Competition Commission of India ...

IndiaAntitrust/Competition Law

Background:

On March 31, 2022, the Competition Commission of India (CCI), in exercise of the powers conferred on it under Section 64 of the Competition Act, 2002 (Act), amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, (Combination Regulations) and substituted the existing Form II with an updated Form.

A Form II is filed with the CCI where there may be inherent competition concerns due to the market positioning of the parties. Specifically,

  • if the parties are engaged in the business of substitutable products/ services and their combined market share is more than 15%; and/ or
  • if they are vertically related i.e., at different stages of the production chain of the same product/ service and their individual or combined market share is more than 25%.

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