Z Ltd. is enjoying dominant position which came to the notice of Competition Commission of India. Whether the Commission can order to Z Ltd. for "Division" in the manner suggested by Commission? Can such order be passed

Section 28 of the Competition Act, 2002 deals with division of enterprise enjoying dominant position. It provides that the Competition Commission of India may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise or group does not abuse its dominant position. The order of the Competition Commission of India referred to above may provide for all or any of the following matters, namely- the transfer or vesting of property, rights, liabilities or obligations; the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise; the creation, allotment, surrender or cancellation of any shares, stocks or securities; the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise; the extent to which, and the circumstances in which, provisions of the order affecting an enterprise may be altered by the enterprise and the registration thereof; any other matter which may be necessary to give effect to the division of the enterprise or group. In view of the above provision of the Competition Act, 2002, the Competition Commission of India can pass order to Z Ltd for "Division" and such order be passed by the Commission irrespective of any hurdles in the Companies Act, 2013.