One of the parties to a combination, situated outside India, is likely to have appreciable adverse effect on competition in India. Discuss the jurisdiction of the Competition Commission of India to inquire into such comb
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2020
One of the parties to a combination, situated outside India, is likely to have appreciable adverse effect on competition in India. Discuss the jurisdiction of the Competition Commission of India to inquire into such combinations and to pass orders.
Answer & Explanation:
Extra Territorial Jurisdiction of Commission Section 32 of the Competition Act, 2002 extends the jurisdiction of Competition Commission of India to inquire and pass orders in accordance with the provisions of the Act into an agreement or dominant position or combination, which is likely to have, an appreciable adverse effect on competition in relevant market in India, notwithstanding that, (a) an agreement referred to in section 3 has been entered into outside India; or (b) any party to such agreement is outside India; or (c) any enterprise abusing the dominant position is outside India; or (d) a combination has taken place outside India; or (e) any party to combination is outside India; or (f) any other matter or practice or action arising out of such agreement or dominant position or combination is outside India. Hence if any one of the parties to a combination is situated outside India but having an effect on competition in India, it will be subject to the jurisdiction of Commission. The Competition Commission of India will have jurisdiction if combination entered into has an appreciable adverse effect on competition in the relevant market of India and can pass appropriate orders.
Topics: Competition Law
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