Competition Update: CCI amends the Combination Regulations, 2011 to Update

1. 4/4/22, 6:02 PM Competition Update: CCI amends the Combination Regulations, 2011 to update and replace Form II for a combination filing | ELPL… (https://elplaw.in/) Home (https://elplaw.in/) Competition Update: CCI amends the Combination Regulations, 2011 to update and replace Form II for a combination ?ling Competition Update: CCI amends the Combination Regulations, 2011 to update and replace Form II for a combination filing Apr 4, 2022 Author(s) : Abhay Joshi (https://elplaw.in/people/abhay-joshi) , Parthsarathi Jha (https://elplaw.in/people/parthsarathi-jha) , Ravisekhar Nair (https://elplaw.in/people/ravisekhar-nair) , Tanaya Sethi, Sahil Khanna, Param Tandon, Ketki Agrawal, Anam Ahmad  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 ?led with the CCI where there may be inherent competition concerns due to the market positioning of the parties. Speci?cally, 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%. Effective May 1, 2022, parties which cross these prescribed market share thresholds, will need to ?le their noti?cation with the CCI as per the updated Form II. Key Changes: https://elplaw.in/competition-update-cci-amends-the-combination-regulations-2011-to-update-and-replace-form-ii-for-a-combination-filing/ 1/2

2. 4/4/22, 6:02 PM Competition Update: CCI amends the Combination Regulations, 2011 to update and replace Form II for a combination filing | ELPL… The CCI revised and updated the Form I in 2019 and published Guidance Notes for Form II in 2020. This year the CCI has streamlined Form II to bring it in line with its Form I approach. A quick snapshot of some key changes is provided below: a. Queries on complimentary linkages between parties to a combination, previously part of Form I alone have now been introduced in the updated Form II. b. A market concentration analysis based on four-?rm concentration index (CR-4) i.e., the concentration ratio for the top four ?rms in a given relevant market has been introduced. c. Market facing information such as market share of parties, list of competitors, top suppliers and customers going back to a ?ve-year period has now been introduced. ELP Comment: The updates being introduced to the Form II is re?ective of the CCI’s continuing endeavour to ease regulatory burden on the parties by allowing for a more practical ?ling under Form II. While the existing Guidance Notes for Form I will help parties ?ling an updated Form II, it would be interesting to observe if there is any speci?c area of the updated Form II where the CCI issues notices to parties seeking clari?cations or additional information. We trust you will ?nd this an interesting read. For any queries or comments on this update, please feel free to contact us at insights@elp-in.com (mailto:insights@elp-in.com). Disclaimer: The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/ quasi-judicial authorities may not take a position contrary to the views mentioned herein. Privacy Policy (https://elplaw.in/privacy-policy/) Terms Of Use (https://elplaw.in/terms-of-use/) Disclaimer (https://elplaw.in/disclaimer/) Sitemap (https://elplaw.in/sitemap/) (https://www.facebook.com/elplaw.in) (https://www.twitter.com/ELPIndia) (https://www.linkedin.com/company/economic-laws-practice) COPYRIGHT © 2018 ECONOMIC LAWS PRACTICE https://elplaw.in/competition-update-cci-amends-the-combination-regulations-2011-to-update-and-replace-form-ii-for-a-combination-filing/ 2/2