Who is authorized to pass an order for division of an enterprise which is enjoying dominant position under the Competition Act, 2002? Explain the provisions with regard to division of enterprise enjoying dominant positio

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2024
Who is authorized to pass an order for division of an enterprise which is enjoying dominant position under the Competition Act, 2002? Explain the provisions with regard to division of enterprise enjoying dominant position.

Answer & Explanation:

Section 28 of the Competition Act, 2002 dealing with the division of enterprise enjoying dominant position. It provides that the Competition Commission of India may, notwithstanding anything in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise or group does not abuse its dominant position. The order of the Commission referred to above may provide for all or any of the following matters, namely- The transfer or vesting of property, rights, liabilities or obligations The adjustment of contracts either by discharge or reduction of any liability or obligations or otherwise The creation, allotment, surrender or cancellation of any shares, stocks or securities The formation of winding up of any enterprise or the amendment of Memorandum of Association or Articles of Association or any other instruments regulating the business of any enterprise. The extent to which, and the circumstances in which, provisions of the order affecting an enterprise may be altered by the enterprise and the registration thereof Any other matter which may be necessary to give effect to the division of the enterprise or group.

Topics: Competition Law

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