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CCI pre-filing merger control chit-chats welcome after all

The Competition Commission of India (CCI) would now be open to informal talks with advisers before final merger control filings: an amendment of the policy in its latest draft regulations.

The Competition Commission of India (CCI) announced on Friday that it would now issue guidelines to govern consultations between companies and the anti-trust regulator before companies have to submit final merger control filings, after the option of consultations were removed from the latest draft regulations.

The CCI posted an update on its website on Friday (13 May) stating: “In keeping with its facilitative approach, as envisioned earlier and in accordance with international best practices, soon to be issued guidelines for ‘Consultation prior to filing of notice of the proposed combination under sub-section (2) of section 6 of Act’ which will also offer the option of consultation with the staff of the Commission before filing notice of combination.”

On Wednesday of last week (11 May) the CCI had published its latest draft of the merger control regulations, giving several concessions and exemptions requested by industry, although competition lawyers were taken aback by the decision to drop the option to informally consult before final approvals.

One competition lawyer welcomed the change when speaking to Legally India.

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