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.

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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 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%.
Effective May 1, 2022, parties which cross these prescribed market share thresholds, will need to file their
notification with the CCI as per the updated Form II.
Key Changes:
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Competition Update: CCI amends the Combination Regulations, 2011 to update and replace Form II for a
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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-firm concentration index (CR-4) i.e., the concentration
ratio for the top four firms 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 five-year period has now been introduced.
ELP Comment:
The updates being introduced to the Form II is reflective of the CCI’s continuing endeavour to ease
regulatory burden on the parties by allowing for a more practical filing under Form II. While the existing
Guidance Notes for Form I will help parties filing an updated Form II, it would be interesting to observe if
there is any specific area of the updated Form II where the CCI issues notices to parties seeking
clarifications or additional information.
We trust you will find 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.
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