Subject to the provisions contained in section 53B of the Act, the Central Government or the State Government or a local authority or enterprise or any person who is party to proceedings on matters [*TTT III—13*5 4 ] *!KcT Wl <MH1 : 3Tffl»WJT 49 relating to a combination and is aggrieved by any direction, decision or order referred to in clause (a) of section 53A of the Act may prefer an appeal to the Competition Appellate Tribunal.
Request for confidentiality.-
(1) Any request for confidentiality of information or documents submitted during the investigation shall be duly considered having due regard to the procedure laid down in the Competition Commiss'on of India (General). Regulations, 2009, as amended from time to time.
(2) The request under sub-regulation (1) may, inter-alia, clearly state the reasons, justification and implications for the business of the parties to the combination so that all relevant factors may be considered by the Commission while taking decision in the matter.
Filing of notice under sub-section (2) of section 8 of the Act- The notice referred to in sub-section (2) of section 6 of the Act would be applicable as follows:
(a) for mergers or amalgamations referred to in clause (c) of section 5 of the Act, notice to be filed only in regard to proposals approved by the board of directors on or after the 1st day of June , 2011; and
(b) for acquisitions referred to in clause (a) of section 5 of the Act or acquiring of control referred to in clause (b) of section 5 of the Act, notice need to be filed only, where binding document(s) is executed, on or after the 1st day of June, 2011
Explanation- Approval of board of directors under clause (a) of this regulation refers to the final decision of the board of directors.
Overriding effect.- The provisions of these regulations shall have effect in all matters relating to combinations notwithstanding anything inconsistent therewith contained in any other regulations framed under the Act.
Power to Issue directions.- Having regard to the provisions of the Act, the Commission may, from time to time, in discharge of its duties, issue general or sector specific directions, guidelines, clarifications or circulars for regulation of combinations.
Cooperation with other agencies or statutory authorities.- Where the Commission deems fit, it may seek opinion of any other agency or statutory authority in relation to a combination.
50 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]