Comparative Guides

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4. Results: Answers
Merger Control
Tips and traps
What are your top tips for smooth merger clearance and what potential sticking points would you highlight?

Answer ... ‘Less is more’ approach may not work: The Competition Commission of India (CCI), through its Notes to Form I, has clarified the extent of information to be submitted as part of a Form I notification. Therefore, it is advisable to submit a complete notification with all relevant information, to limit the number of follow-on ‘clock stops’. This will reduce the risk of invalidation of the notification.

Pre-filing consultation on notifications: In complex Form I or Form II notifications, it is useful to engage with the officers of the CCI ahead of filing. The parties should consider submitting a draft or near-complete notification, which will give the case team additional time to obtain clarifications. This is likely to expedite the review process. The guidance provided by the officers of the CCI is informal; however, in practice, discussions and submissions during such consultations are kept confidential by the CCI.

For more information about this answer please contact: P. Ram Kumar from Talwar Thakore & Associates