criteria of combination

5755 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 506] NEW DELHI, MON DAY , SEPTEMBER 9, 2024/BHADRA 18, 1946 CG-DL-E-09092024-257008 MINISTRY OF CO RPORATE AFFAIRS NOTIFICATION New Delhi, the 9th September, 2024 G.S.R. 548 (E).—In exercise of the powers conferred by clause (ac) of sub-section (2) of section 63 of the Competition Act, 2002 (12 of 2003), the Centr al Government her eby makes the following rules, namely:- 1. Short title and commence ment.–– (1) These rules may be called the Competition (Criteria of Combination ) Rules, 2024. (2) They shall come into force with effect from the 10th day of Septemb er, 2024. 2. Definitions.–– (1) In these rules, unless the context othe rwise requires, "Act" means the Competition Act, 2002 (12 of 2003). (2) The words and expressions used in these rules but not defined, shall have the same meanings, respectively assig ned to them in the Act. 3. Criteria of Combination .–– (1) For the purposes of sub-section (4) of section 6 of the Act, the parties to a combination, their respective group e ntities and their affiliates who fulfils the following criteria, may give notice fo r such combination under that sub -section, namely: - (a) they do not produce or provide similar or identical or substi tutable product or s ervice; (b) they are not engaged in any activity relating to production, supply, distr ibution, storage, sale and service or trade in product or provision of service,– (i) which are at different stage or level of produc tion; or (ii) whi ch are complem entary to each other. (2). In these rules, –– (a) the parties to the combinati on and their respe ctive group entities mea ns–– (i) the ultimate controlling person of the acquirer and other entities forming part of the same grou p; (ii) the enterprise being acquired and its downstream entities forming part of its grou p; (iii) enterpris es being merged or amalgam ated, their controlling persons, and entities forming part of their group. (b) an enterprise is consider ed to be an affiliate of another enterprise if that another enterpr ise has– (i) ten per cent. or more of the shareholding or voting rights of the enterpr ise; or (ii) right or ability to have a representation on the board of directors of the enterprise either as a director or as an obser ver; or (iii) right or ability to access comme rcially sensitive information of the enterprise. [F. No. Comp -05/4/2023 -Comp -MCA] MANOJ PANDEY , Addl . Secy . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.