Notice of Combinations in Insolvency Resolution
Ribhav Pande*
Volume 14 Issue 1 (2021)
The Competition Act, 2002, regulates combinations that have an appreciable adverse effect on competition in the relevant market. During a Corporate Insolvency Resolution Process, a combination may form part of a resolution plan. This article explores the interplay of the Competition Act, 2002, with the Insolvency and Bankruptcy Code, 2016, for the purpose of sending the notice of such a combination to the Competition Commission of India as well as for receiving its approval. It examines the theory and practice relating to the 2018 Amendment to the Insolvency and Bankruptcy Code, 2016, which fixes the stage for securing the approval of the Competition Commission of India. It also analyses committee reports, recent judicial decisions on the interpretation of the Amendment, as well as industry practices before and after the Amendment. The article further assesses the viability of the newly introduced ‘Green Channel’ for combination approvals in the context of insolvency resolution. It also investigates the overlap of the Insolvency and Bankruptcy Code, 2016, with the Companies Act, 2013, and its implications thereto. The article aims to ascertain the optimum mechanism for obtaining approvals from the Competition Commission of India, for such combinations arising out of a Corporate Insolvency Resolution Process.