1.Introduction
The substantive statutory provisions governing combinations are
contained in sections 5 and 6 of the Competition Act, 2002
("Act"). They came into effect from June 1, 2011 and
consistent with other countries, stipulated that every combination
which met the criterion specified in section 5 had to be notified
to the Competition Commission of India ("CCI") within the
prescribed time period. Under section 6, CCI has to determine
whether such combination caused or is likely to cause an
appreciable adverse effect on competition.1 So, prior
consent of the CCI is necessary when the statutory thresholds are
met. To assist in the determination, the government framed the
process in the CCI (Procedure in Regard to the Transaction of
Business relating to Combinations) Regulation, 2011.
