Explain the provisions relating to the power of Competition Commission of India to impose penalty for the non-submission of information on combination.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2023
Explain the provisions relating to the power of Competition Commission of India to impose penalty for the non-submission of information on combination.

Answer & Explanation:

According to Section 43A of Competition Act, 2002 (as amended in 2023) If any person or enterprise fails to give notice to the Commission under sub-section (2) or sub-section (4) of section 6 or contravenes sub-section (2A) of section 6 or submit information pursuant to an inquiry under sub-section (1) of section 20, the Commission may impose on such person or enterprise, a penalty which may extend to one per cent., of the total turnover or assets or the value of transaction referred to in clause (d) of section 5, whichever is higher, of such a combination: It may be noted that in case any person or enterprise has given a notice under sub-section (4) of section 6 and such notice is found to be void ab initio under sub-section (6) of section 6, then a notice under sub-section (2) of section 6 may be given by the acquirer or parties to the combination, as may be applicable, within a period of thirty days of the order of the Commission under sub-section (6) of that section and no action under this section shall be taken by the Commission till the expiry of such period of thirty days.

Topics: Competition Law

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