Section 29:
Procedure for investigation of combinations.
(1) Where the Commission is of the 1
[prima
facie] 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 show 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[(1A) After receipt of the response of the parties to the combination under sub-section (1), the
Commission may call for a report from the Director General and such report shall be submitted by the
Director General within such time as the Commission may direct.]
(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 combination, 3
[or the receipt of the report from Director General
called under sub section (1A), whichever is later], 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 the 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.
Notes:
1. Ins. by Act 39 of 2007 s. 22, (w.e.f. 1-6-2011).
2. Ins. by s. 22, ibid. (w.e.f. 1-6-2011).
3. Ins. by s. 22, ibid. (w.e.f. 1-6-2011).