What one would understand with the term de minimis exemption as per Competition Act, 2002?
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2021
What one would understand with the term de minimis exemption as per Competition Act, 2002?
Answer & Explanation:
Section 54 of the Competition Act, 2002 empowers the Central Government in public interest to exempt the enterprises being parties to: any acquisition referred to in clause (a) of section 5 of the Competition Act; acquiring of control by a person over an enterprise when such person has already direct or indirect control over another enterprise engaged in production, distribution or trading of a similar or identical or substitutable goods or provision of a similar or identical or substitutable service, referred to in section 5(b) of the Competition Act; and any merger or amalgamation, referred to in section 5(c) of the Competition Act, where the value of assets being acquired, taken control of, merged or amalgamated is not more than rupees three hundred and fifty crores in India or turnover of not more than rupees one thousand crores in India, from the provisions of section 5 of the said Act for a period of five years from the date of publication of this notification in the official gazette. The above exemption is de minimis exemption under the Competition Act, 2002.
Topics: Competition Law
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