Discuss the provisions when the order passed by the Competition Commission of India may be rectified under the Competition Act, 2002.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2023
Discuss the provisions when the order passed by the Competition Commission of India may be rectified under the Competition Act, 2002.

Answer & Explanation:

Section 38(1) of the Competition Act, 2002 provides that the Competition Commission of India may amend any order passed by it under the provisions of this Act with a view to rectifying any mistake apparent from the record. Section 38(2) provides that subject to other provisions of this Act, the Commission may make - an amendment of an order of its own motion; an amendment for rectifying any mistake apparent from record, which has been brought to its notice by any party to the order. An explanation below the Section clarifies that while rectifying any mistake apparent from the record, the Commission shall not amend substantive part of the order passed by it under the provisions of this Act.

Topics: Competition Act, 2002

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