What orders can be passed by Competition Commission of India under section 27 of the Competition Act, 2002 after any inquiry into agreement entered into by any enterprise or association of enterprises or person or associ

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
What orders can be passed by Competition Commission of India under section 27 of the Competition Act, 2002 after any inquiry into agreement entered into by any enterprise or association of enterprises or person or association of persons or an enquiry into abuse of dominant position? Explain.

Answer & Explanation:

Section 27 of the Competition Act, 2002, envisages that the Competition Commission of India 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, namely: 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. The direction to discontinue and not to recur is commonly known as "Cease & desist" order. The Competition Commission of India may impose penalty. The Competition Commission of India may direct that the agreements shall stand modified to the extent and in the manner as specified in the order. The Competition Commission of India may direct the enterprises concerned to comply with such other orders and directions, including payment of cost, if any, as it deems fit. To pass such order or issue such directions as it may deem fit.

Topics: Competition Act, 2002

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