Section 9 in Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011
9. Obligation to file the notice.
(1)In case of an acquisition or acquiring of control of enterprise(s), the acquirer shall file the notice in Form I or Form II, as the case may be, which shall be duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009.Provided that in case of a company, apart from the persons specified under clause (c) of sub-regulation (1) of regulation 11 of the Competition Commission of India (General) Regulations, 2009, Form I or Form II may also be signed by [any person duly authorised by the board of directors of the company for the said purpose] [Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.].(2)In case the enterprise is being acquired without its consent, the acquirer shall furnish such information as is available to him, in Form I or Form II, as the case may be, relating to the enterprise being acquired:Provided that all information required to be filed, relating to the enterprise being acquired shall be filed with the Commission within fifteen days from filing of the notice and in case the acquirer is not in a position to furnish all the required information in Form I or Form II, as the case may be, relating to the enterprise being acquired, the Commission may direct the enterprise being acquired to furnish such information as it deems fit and the time taken by the parties to the combination or the acquired enterprise, as the case may be, in furnishing the required information including document(s) shall be excluded from the period provided in [sub-section (2A) of section 6 of the Act,] [Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.] sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations.(3)In case of a merger or an amalgamation, parties to the combination shall jointly file the notice in Form I or Form II, as the case may be, duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009.Provided that in case of a company, apart from the persons specified under clause (c) of sub-regulation (1) of regulation 11 of the Competition Commission of India (General) Regulations, 2009, Form I or Form II may also be signed by [any person duly authorised by the board of directors of the company for the said purpose.] [Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.](4)Where the ultimate intended effect of a business transaction is achieved by way of a series of steps or smaller individual transactions which are inter-connected or inter-dependent on each other, one or more of which may amount to a combination, a single notice, covering all these transactions, [shall be filed by the parties] [Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.] to the combination.(5)The requirement of filing notice under regulation 5 of these regulations shall be determined with respect to the substance of the transaction and any structure of the transaction(s), comprising a combination, that has the effect of avoiding notice in respect of the whole or a part of the combination shall be disregarded.
