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CMA Final · Corporate and Economic Laws · The Competition Act, 2002

Under Section 29A, the CCI issues a statement of objections to parties to a combination. The parties offer a modification, and the CCI finds it insufficient. Which sequence of timelines is correct?

Parties have 25 days from receiving the statement of objections to explain; if the CCI rejects their modification it must say why within 7 days of receiving it, and the parties then get 12 days from that communication to furnish a revised modification.

  1. AParties explain within 25 days of the statement; CCI communicates insufficiency within 7 days of receiving the modification; parties furnish a revised modification within 12 days of that communicationCorrect
  2. BParties explain within 30 days; CCI communicates within 10 days; parties revise within 15 days
  3. CParties explain within 25 days; CCI communicates within 12 days; parties revise within 7 days
  4. DParties explain within 15 days; CCI communicates within 7 days; parties revise within 25 days

Explanation

Section 29A(1) gives twenty-five days from receipt of the statement of objections. Under 29A(3) the Commission, if it does not accept the modification, communicates within seven days of receipt, and the parties then have twelve days to furnish a revised modification. The third option swaps the 7 and 12 day periods.

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