With the C.C.I. expanding it’s informal Pre-Notification consultation to include substantive issues regarding filing of notice with the C.C.I., we are now looking at a scenario in competition regulation where there will be a significant growth in the level of interaction between the Regulator and the Practitioner. This growth of informal interaction leads to what I like to call the “Harvey Two-Face” concern (Batman enthusiasts will understand why I choose him for this particular post. Others, maybe not so much.):
1. “Clean face” Harvey: The amendment to the Regulation and the consequent expansion in effective communication Simplifies procedures and most importantly, will result in clearances being granted smoothly within a shorter span of time, thus aiding business growth and consolidation wherever it may be necessary. Plus, it gives a chance for the Commission to be “prepared” for what will be coming and think up replies and make quick decisions to any complications which may be part of the merger proposal.
2. “Burnt face” Harvey: It threatens the impartiality of the entire combination procedure and may probably raise corridor gossip about lobbying to clear combination proposals. As it is, the present lack of “effective combination research”, i.e., effectively assessing complicated market dynamics in complicated mergers(The Jet-Etihad Combination is one such example) at the Commission has created some disquiet among a few (myself included) at the heavy reliance which is being placed on the submissions of parties rather than individual independent research. Handling conflict of interest is not one of the strong suits of the Indian Executive (or to be frank, of Indians in general) and this raises concerns as to overt reliance on the proponent of the Combination to understand it in the first place.
Indian Competition and Anti-Trust Blog 
