Explain Competition Test (AAEC).
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2021
Explain Competition Test (AAEC).
Answer & Explanation:
Section 5 of the Competition Act, 2002 explains 'combination'. The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons through acquisition of controlling shares, voting rights or assets. However, section 6 of the Competition Act, 2002 declares a combination as void if it causes or is likely to cause an appreciable adverse effect on competition within the relevant market in India. The Commission shall have due regard to all or any of the following factors listed under section 20(4) of the Competition Act, 2002 for the purpose of determining whether the combination causes or is likely to cause an 'appreciable adverse effect on competition' in the relevant market. The adverse impact can be caused due to extent of barriers to entry in the market or degree of countervailing power in the market, level of combination and other derogatory market forces.
Topics: Competition Law
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