Definition
A pre-filing consultation (PFC) is an initiative of the Competition Commission of India (CCI) which allows parties to a combination to informally discuss their doubts or queries with the CCI staff prior to formally notifying the combination to the CCI seeking its approval.
Commentary
Non-binding nature of PFCs:
A PFC with the CCI is confidential and verbal. Any guidance provided during a PFC is non-binding and does not constitute the opinion of the CCI.
PFCs limited to real cases and specific facts:
The CCI permits PFCs only in relation to real-world scenarios where parties are able to provide sufficient factual details concerning a proposed combination. The CCI does not entertain PFCs on hypothetical or generic queries.
PFCs can be sought on interpretational as well as substantive issues:
Interpretational issues: Parties may seek the CCI’s guidance on procedural issues or on the interpretation of Sections 5 and 6 of the Competition Act, 2002, the provisions of the CCI (Combinations) Regulations, 2024, and various combination-related rules of the CCI.
Substantive issues: Parties may request a PFC if they require any assistance in filling up a CCI notification form (Form I or Form II), including any clarification on the information or data to be submitted to the CCI. Parties may also seek a PFC to discuss their draft notification form before it is formally filed with the CCI, with a view to identify any gaps or additional information that the CCI may require for its assessment.
Procedure to seek a PFC:
A PFC may be sought by sending an email request to the CCI or by filling up a form on the CCI website.
Request on interpretational issues: Such request should be made to the CCI 5 to 7 days before the proposed date of the PFC with the CCI team. The request should include the following details:
Complete factual details about the proposed combination;
Brief description of the relevant markets and sectors involved in the proposed combination;
Key questions or concerns on which the CCI’s guidance is sought; and
Relevant decisional practice of the CCI and foreign competition authorities relating to the issues to be discussed with the CCI.
Request on substantive issues: Such request should be made to the CCI 10 to 15 days before the intended date of filing a formal notification form with the CCI. The request should include the following details:
Draft notification form along with supporting documents;
Key issues to be discussed with the CCI’s case team; and
Any other details which may be pertinent for a meaningful consultation.
PFC on green-channel assessment:
Parties can also request a PFC to discuss whether a proposed combination is eligible for the green channel route. However, since the guidance provided by the CCI during a PFC is not binding, parties remain responsible for making the final determination on the availability of the green channel route.
For example, in Combination No. C-2023/04/10211, the CCI initiated gun-jumping proceedings against the Acquirer as the combination did not satisfy the conditions for availing the green channel route. The Acquirer argued that it decided to avail of the green channel route based on a PFC discussion with the CCI. However, the CCI dismissed the argument and noted that, “Regarding pre-filing consultation, it is pertinent to note that such facility is merely an assistance to provide non-binding guidance to the stakeholders based on the information disclosed by them at the time and without prejudice to the assessment of the case on receipt of the formal notice”.
Purpose and benefits of PFCs:
PFCs facilitate a frank discussion between the parties and the CCI in relation to a proposed combination to better understand each other’s point of view. This not only enhances transparency of the CCI’s trust-based regime but also makes it more collaborative.
Key benefits of a PFC are:
More efficient and effective review process;
Opportunity to identify key issues or potential concerns early;
Assistance in filing a complete notification form and avoid invalidation; and
Reduction in post-filing requests for additional information.
Owing to these benefits, even other key competition authorities, such as the European Commission (EC), not only allow but also encourage PFCs with parties on a confidential and non-binding basis.2 The EC also allows parties to negotiate waivers on irrelevant information requirements of a notification form during a PFC, with a view to make the process less onerous for the parties.
‘Competition Commission of India, Government of India’ (Competition Commission of India) <https://cci.gov.in/combination/order/details/order/1462/0/orders-section43a_44> accessed 28 August 2026↩︎
European Commission, 'DG Competition Best Practices on the Conduct of EC Merger Control Proceedings' (20 January 2004) paras 5, 8, 25 (fn 9) https://competition-policy.ec.europa.eu/system/files/2021-03/proceedings.pdf accessed 28 August 2026↩︎