Explain "Deemed approval" as per provision of section 31(11) of the Competition Act, 2002.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2024
Explain "Deemed approval" as per provision of section 31(11) of the Competition Act, 2002.

Answer & Explanation:

A deeming provision has been introduced by section 31(11) of the Competition Act, 2002. It provides that, if the Commission does not, on expiry of a period of 210 days from the date of filing of notice under section 6(2) pass an order or issue any direction in accordance with the provisions of section 29(1) or section 29(2) or section 29(7), the combination shall be deemed to have been approved by the Commission. In reckoning the period of 210 days, the period of thirty days specified in section 29(6) and further period of thirty working days specified in section 29(8) granted by Commission shall be excluded. Furthermore, where extension of time is granted on the request of parties the period of two hundred ten days shall be reckoned after deducting the extended time granted at the request of the parties.

Topics: Competition Law

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