Which orders may be issued by Competition Commission of India after inquiry into agreements or abuse of dominant position under Section 27 of the Competition Act, 2002 ?
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Which orders may be issued by Competition Commission of India after inquiry into agreements or abuse of dominant position under Section 27 of the Competition Act, 2002 ?
Answer & Explanation:
Section 27 of the Competition Act, 2002 envisages that the Competition Commission of India (CCI) after any inquiry into agreement entered into by any enterprise or association of enterprises or person or association of persons, or an inquiry into abuse of dominant position may pass all or any of the following orders: Cease & Desist Order: Direct that such agreement or abuse of dominant position shall be discontinued and such agreement, which is in contravention of Section 3, shall not be re-entered or the abuse of dominant position in contravention of Section 4 shall be discontinued, as the case may be. Penalty: Impose such penalty, as it may deem fit, which shall not be more than ten percent of the average of the turnover or income, as the case may be, for the last three preceding financial years, upon each of such person or enterprise which is a party to such agreement or has abused its dominant position. For cartels, the penalty may be up to three times of its profit for each year of the continuance of such agreement or ten percent of its turnover or income, whichever is higher. Modification of Agreement: Direct that the agreement shall stand modified to the extent and in the manner as specified in the order. Other Directions: Direct the enterprises concerned to comply with such other orders and directions, including payment of cost, if any, as it deems fit. Pass such order or issue such directions as it may deem fit.
Topics: Competition Act, 2002
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