ABC Ltd and RST Ltd after amalgamation became new company and renamed as XYZ Ltd. Before amalgamation, both companies were major market player in the cement business. After amalgamation, they acquired monopoly status in

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2024
ABC Ltd and RST Ltd after amalgamation became new company and renamed as XYZ Ltd. Before amalgamation, both companies were major market player in the cement business. After amalgamation, they acquired monopoly status in the market and driving out existing competitors out of the market by setting up cut throat pricing. Over a period of time, pricing for cement was set in such a manner that it is almost impossible for any new competitor to enter the market. After 2 years of this combination when media started making noise about this merger and adverse pricing of cement, Competition Commission of India came into action and set up an inquiry whether such combination has caused appreciable adverse effect on competition in India. Media approached Managing Director of XYZ Ltd to ask whether inquiry by CCI would make them to reduce cement prices in the market or they will amend pricing agreement with dealers or what will be Company's approach to this enquiry? MD of XYZ Ltd responded to media that CCI now has no right to set up inquiry now, it is time barred. Hence, he is not worried about enquiry at all as it is illegal. Do you agree with MD's opinion that CCI cannot initiate inquiry now and it is illegal? Explain.

Answer & Explanation:

According to Section 20(1) of the Competition Act, 2002, Competition Commission of India (CCI) may, upon its own knowledge or information relating to acquisition referred to in clause (a) of Section 5 or acquiring of control referred to in clause (b) of section 5 or merger or amalgamation referred to in clause (c) of that section, inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition in India. This inquiry is optional. To initiate inquiry, CCI must have an opinion that such a combination has caused or is likely to cause an appreciable adverse effect on competition in India. At the same time, proviso to Section 20(1) states that CCI shall not initiate an inquiry after the expiry of one year from the date on which such combination has taken effect. In view of the above provisions, it is clear that opinion of MD of XYZ Ltd is correct. As CCI is initiating inquiry after 2 years of completion of combination is time barred.

Topics: Competition Law

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