Section 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 6 of the Competition Act, 2002 makes a combination that causes or is likely to cause an appreciable adverse effect on competition void, and requires notice to the Commission of a proposed combination. The Competition (Amendment) Act, 2023 changes the timing of the notice (it is now given "after any of the following, but before consummation of the combination"), adds an Explanation on what an "other document" is, and shortens the waiting period in sub-section (2A) from two hundred and ten days to one hundred and fifty days.
As per the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. A combination that causes or is likely to cause an appreciable adverse effect on competition in the relevant market in India is void. Notice is given after board approval or execution of the agreement or other document, but before consummation. No combination may come into effect until one hundred and fifty days have passed from notice, or the Commission has passed orders under Section 31, whichever is earlier. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Section 6(1): combinations that harm competition are void
Section 6(1) reads: "No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in India and such a combination shall be void." The 2023 Act does not amend sub-section (1). What counts as a combination is in Section 5; see our article on combination thresholds.
Planning a merger or acquisition around these rules is a matter for a financial and legal due diligence team that can read thresholds, group structure and the deal documents together.
Section 6(2): notice to the Commission
After the 2023 amendment, Section 6(2) says that, subject to sub-section (1), any person or enterprise who or which proposes to enter into a combination "shall give notice to the Commission, in the form as may be specified, and the fee which may be determined, by regulations, disclosing the details of the proposed combination, after any of the following, but before consummation of the combination" and then lists two triggers:
- (a) approval of the proposal relating to merger or amalgamation, referred to in clause (c) and clause (d) of Section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be;
- (b) execution of any agreement or other document for acquisition referred to in clause (a) and clause (d) of Section 5 or acquiring of control referred to in clause (b) of that section.
The words in bold are the insertion made by Section 7(a) of the 2023 Act. The consolidated text reads "within thirty days of" in place of "after any of the following, but before consummation of the combination". The 2023 Act (Section 7(a)(i)) directs that for the words "within thirty days of" the new words be substituted, so the thirty-day period is no longer in sub-section (2). Footnote marks sit inside the words "shall" and "thirty days" in the consolidated text; we have read them as printed. The mandatory "shall" replaced the words "may, at his or its option" in the 2007 amendment, and "thirty days" replaced "seven days" at the same time, as the footnotes in the consolidated text show. Footnote 14 of the consolidated text also prints this line, which we repeat as printed: "Vide notification no. SO 2039(E), dated 29th June, 2017 exemption has been given to person or enterprise(s) who is a party to combination from giving notice within 30 days." That notification is not in the sources consulted and we say nothing about it beyond the printed line.
The new Explanation: "other document"
The 2023 Act inserts an Explanation to sub-section (2): "'other document' means any document, by whatever name called, conveying an agreement or decision to acquire control, shares, voting rights or assets or if the acquisition is without the consent of the enterprise being acquired, any document executed by the acquiring enterprise, by whatever name called, conveying a decision to acquire control, shares or voting rights or where a public announcement has been made in accordance with the provisions of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 made under the Securities and Exchange Board of India Act, 1992 for acquisition of shares, voting rights or control such public document."
Three situations are therefore covered by "other document": a document conveying an agreement or decision to acquire; a document executed by the acquirer where the target has not consented (a hostile approach); and the public announcement under the takeover regulations. The SEBI regulations and the 1992 Act are quoted as printed; check the current law for the corresponding provision. See our posts on the SEBI Takeover Code for that law.
Example. Tanvi Logistics Ltd signs a share purchase agreement on a Monday. Under the amended sub-section (2), notice may be given at any time after that execution but must be given before consummation, that is, before the transfer actually completes. There is no fixed number of days after signing in the amended text. In the earlier text, the thirty-day window ran from the same trigger.
Section 6(2A): the standstill period
The consolidated text prints sub-section (2A): "No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub-section(2) or the Commission has passed orders under section 31, whichever is earlier." The 2023 Act (Section 7(b)) substitutes "one hundred and fifty days" for "two hundred and ten days". The consolidated text breaks the line in the middle of the words ("which-ever") and places the footnote mark before the sub-section number; the meaning is as above.
In plain terms, closing cannot happen until the earlier of two events: one hundred and fifty days from the date the notice has been given, or an order of the Commission under Section 31. The text states no other exception in this sub-section. Section 6(4) and (7), covered in our article on the deemed approval route and exempt combinations, contain the "notwithstanding" provisions that operate alongside it.
Section 6(3): what the Commission does with the notice
Section 6(3) says the Commission "shall, after receipt of notice under sub-section (2), deal with such notice in accordance with the provisions contained in sections 29, 30 and 31." The 2023 Act (Section 7(c)) substitutes the words, figures and letter "sections 29, 29A, 30 and 31", to bring in the new Section 29A on statements of objections and modifications. See our articles on Sections 29 and 30, Section 29A and Section 31.
What the 2023 Amendment Act changed in Section 6(1) to (3)
| Provision | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| 6(1) | Void combination rule | Not changed |
| 6(2), time of notice | "within thirty days of" the trigger | "after any of the following, but before consummation of the combination" |
| 6(2)(a) | Clause (c) of Section 5 | Clause (c) and clause (d) of Section 5 |
| 6(2)(b) | Clause (a) of Section 5 | Clause (a) and clause (d) of Section 5 |
| 6(2) Explanation | None | New Explanation defining "other document" |
| 6(2A) | Two hundred and ten days | One hundred and fifty days |
| 6(3) | Sections 29, 30 and 31 | Sections 29, 29A, 30 and 31 |
For the Commission's 2024 regulations on forms, fees and timelines under these provisions, see our overview of the Combinations Regulations, 2024. The wider guide to regulation of combinations and the post on CCI approval for mergers and acquisitions give an overview. The penalty for failing to give notice is in Section 43A, covered in a later article.
Need help with the notice and timetable for a deal?
Notice timing, the standstill and the deal documents all need to be read together. Our team can work through them with you as part of financial and legal due diligence so that the closing steps in your transaction documents match the statute.
Key takeaways
- A combination likely to cause an appreciable adverse effect on competition in the relevant market in India is void.
- Notice is given after board approval or execution of the agreement or other document, but before consummation.
- The Explanation defines "other document", including a public announcement under the takeover regulations.
- No combination may take effect until one hundred and fifty days from notice, or an order under Section 31, whichever is earlier.
- The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Read next
- Deemed approval route, exempt combinations and the lender carve-out
- Combination thresholds: assets, turnover and deal value
- Procedure for investigation of combinations
- Penalty for not notifying a combination
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.