The Competition Act, 2002
29. Procedure for
investigation of combinations.-
1.
Where
the Commission is of the opinion that a combination is likely to cause, or has
caused an appreciable adverse effect on competition within the relevant market
in India, it shall issue a notice to how cause to the parties to combination
calling upon them to respond within thirty days of the receipt of the notice,
as to why investigation in respect of such combination should not be conducted.
2.
The
Commission, if it is prima facie of the opinion that the combination has, or is
likely to have, an appreciable adverse effect on competition, it shall, within
seven working days from the date of receipt of the response of the parties to
the comb nation, direct the parties to the said combination to publish details
of the combination within ten working days of such direction, in such manner,
as it thinks appropriate, for bringing the combination to the knowledge or
information of the public and persons affected or likely to be affected by such
combination.
3.
The
Commission may invite any person or member of the public, affected or likely to
be affected by the said combination, to file his written objections, if any,
before the Commission within fifteen working days from the date on which the
details of t e combination were published under sub-section (2).
4.
The
Commission may, within fifteen working days from the expiry of the period
specified in sub-section (3), call for such additional or other information as
it may deem fit from the parties to the said combination.
5.
The
additional or other information called for by the Commission shall be furnished
by the parties referred to in sub-section (4) within fifteen days from the
expiry of the period specified in sub-section (4).
6.
After
receipt of all information and within a period of forty-five working days from
the expiry of the period specified in sub-section (5), the Commission shall
proceed to deal with the case in accordance with the provisions contained in
section 31.