search this site - type your query and submit

Daily Email Newsletter (Sign-up Free)

Sec 6, Competition Act 2002: Regulation Of Combinations

Section 6 under Chapter II (Prohibition of certain agreements, abuse of dominant position and regulation of combinations) of the Competition Act, 2002: Regulation of combinations

(1) No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in India and such a combination shall be void.

(2) Subject to the provisions contained in sub-section (1), any person or enterprise, who or which proposes to enter into a combination, may, at his or its option, give notice to the Commission, in the form as may be specified, and the fee which may be determined, by regulations, disclosing the details of the proposed combination, within seven days of—
 (a) approval of the proposal relating to merger or amalgamation, referred to in clause (c) of section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be;
 (b) execution of any agreement or other document for acquisition referred to in clause (a) of section 5 or acquiring of control referred to in clause (b) of that section.

(3) The Commission shall, after receipt of notice under sub-section (2), deal with such notice in accordance with the provisions contained in sections 29, 30 and 31.

(4) The provisions of this section shall not apply to share subscription or financing facility or any acquisition, by a public financial institution, foreign institutional investor, bank or venture capital fund, pursuant to any covenant of a loan agreement or investment agreement.

(5) The public financial institution, foreign institutional investor, bank or venture capital fund, referred to in sub-section (4), shall, within seven days from the date of the acquisition, file, in the form as may be specified by regulations, with the Commission the details of the acquisition including the details of control, the circumstances for exercise of such control and the consequences of default arising out of such loan agreement or investment agreement, as the case may be.

Explanation.—For the purposes of this section, the expression—
 (a) “foreign institutional investor” has the same meaning as assigned to it in clause (a) of the Explanation to section 115AD of the Income-tax Act, 1961(43 of 1961);
 (b) “venture capital fund” has the same meaning as assigned to it in clause (b) of the Explanation to clause (23 FB) of section 10 of the Income-tax Act, 1961(43 of 1961).





Extra Notes for Readers

(1) Modifications to Section 6 - by the Competition (Amendment) Act, 2007 (Act 39 of 2007):

 o in sub-section (2), for the words "may, at his or its option,", the word "shall" shall be substituted;
 o in sub-section (2), for the words ''seven days", the words "thirty days" shall be substituted;
 o after sub-section (2), the following sub-section shall be inserted, namely:-
"(2A) No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub-section (2) or the Commission has passed orders under section 31, whichever is earlier.". 

The above mentioned modifications are yet to be notified by the Central Govt.
Hence, the modifications are not given effect in the section 6 text hereinabove.





This page was last updated on 26th May, 2017.

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.