"Z Ltd." a real estate company incorporated in India under the Companies Act, 2013, fails to comply with the orders of the Competition Commission of India, issued after giving full opportunity of being heard according to

CS Executive · Economic and Commercial Laws · PYQS · December 2019
"Z Ltd." a real estate company incorporated in India under the Companies Act, 2013, fails to comply with the orders of the Competition Commission of India, issued after giving full opportunity of being heard according to the procedure laid down by the Competition Commission of India. State whether the "Z Ltd." may be penalised for non-compliance of the orders under the Competition Act, 2002?

Answer & Explanation:

Yes, "Z Ltd." may be penalised for non-compliance with the orders of the Competition Commission of India (CCI) under the Competition Act, 2002. The Competition Act, 2002, prescribes penalties for contravention of orders of the Competition Commission of India. Inquiry into compliance: As per Section 42, the Competition Commission of India may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the Act. Penalty for non-compliance: If any person, without reasonable cause, fails to comply with the orders or directions of the Commission issued under sections 27, 28, 31, 32, 33, 42A and 43A of the Competition Act, he shall be punishable with fine which may extend to ₹1 lakh for each day during which such non-compliance occurs, subject to a maximum of ₹10 crore, as the Commission may determine. Further penalty for non-payment of fine or continued non-compliance: If any person does not comply with the orders or directions issued, or fails to pay the fine imposed above, he shall, without prejudice to any proceeding under section 39, be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ₹25 crore, or with both, as the Chief Metropolitan Magistrate, Delhi may deem fit. Since "Z Ltd." failed to comply with the CCI's orders despite being given a full opportunity of being heard, it is liable to be penalised as per the provisions of the Competition Act, 2002.

Topics: Competition Act, 2002

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