The CCI under the draft regulations dated March 2, 2011 had first introduced the provision for pre-filing consultation. However, this found no mention in the recently issued final Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, dated May 11, 2011. The CCI has now, in accordance with international best practices, re-introduced the facility of informal and verbal consultation with the staff of CCI prior to the filing of notice under the Act in connection with the proposed combination. In this regard it is important to note that any advice given by the staff of CCI pursuant to such informal and verbal consultation shall not be binding on the CCI. Be that as it may, given the novelty of the merger control regulations in India , the introduction of pre-filing consultation is a positive move as it gives an opportunity to the parties to the combination to consult the CCI on whether or not the filing requirements would be triggered by the proposed combination.
“Consultation prior to filing of notice of the proposed combination under sub section (2) of section 6 of the Competition Act, 2002”
As indicated earlier and in accordance with the international best practices, the Competition Commission of India is happy to inform the availability of the facility of informal and verbal consultation with the staff of CCI prior to the filing of notice to a proposed combination in terms of regulation 5 of Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, under sub section (2) of section 6 of the Competition Act, 2002.
For seeking an appointment for such a consultation, the parties to the proposed combination may contact the Combination Division on email ID: [email protected] or [email protected] and fix the time for meeting with staff of the Commission. The advice would be given as an additional assistance facility, and would not be deemed to be the opinion of the Commission in any manner whatsoever or binding on the Commission.
Source of above- http://www.mca.gov.in/Ministry/notification/pdf/SO_Corrigendum_27may2011.pdf