Anonymous
in Corporate Law Commercial Law
Asked September 03, 2021

Merger

  • 1 Answer
  • 68 Views

I'm planning on undertaking a merger of my company with another. Should I notify this to the Competition Commission of India? It's just a small merger so can I be exempted from doing so?

Answer 1

Usually, the Competition Commission of India requires all mergers to be notified under Section 6(2) of the Competition Act, 2002. You can do so by filing an original and an electronic copy of a notice of combination which must have all concerned details in terms of finances. 

Now, as per a 2017 notification, the Competition Commission has stated that if the vallue of assets or business or division that is acquired, merged or taken control of is less than Rs. 350 crore, then such a transaction need not be notified for a period of five years. Therefore, since you've stated that the merger is a small one, if the aforementioned condition is met, you can choose to not notify. 

Agree Comment 0 Agrees 5 months ago

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