SAM Ltd. and MAS Ltd. intend to amalgamate. The enterprise created as a result of such amalgamation will have assets worth ₹600 crore and turnover of ₹2,000 crore. Examine whether the proposed amalgamation attracts the p
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2018
SAM Ltd. and MAS Ltd. intend to amalgamate. The enterprise created as a result of such amalgamation will have assets worth ₹600 crore and turnover of ₹2,000 crore. Examine whether the proposed amalgamation attracts the provisions of the Competition Act, 2002 ?
Answer & Explanation:
Sections 5 and 6 of The Competition Act, 2002 deal with the combination of enterprises and persons. The amalgamation of enterprises shall be a combination of such enterprises if the enterprise remaining after merger or the enterprise created as a result of the amalgamation, as the case may be, have, - either in India, the assets of the value of more than rupees two thousand crores or turnover more than rupees six thousand crores; or in India or outside India, in aggregate, the assets of the value of more than one billon US dollars, including at least rupees one thousand crores in India, or turnover more than three billion US dollars, including at least rupees three thousand crores in India. Hence, in the present case, the proposed amalgamation of SAM Ltd. and MAS Ltd. will not attract the provisions of The Competition Act, 2002 as they have assets of value of ₹600 crore and turnover of ₹2000 less than the threshold specified under the provisions.
Topics: Competition Act, 2002
Related Questions in this Topic
- Distinguish between the following: Relevant Geographic Market and Relevant Product Market.
- Fact of the case is as under: LDF launched a Group Housing Complex (The Belaire) in Gurgaon, planned to construct 5 mult...
- V Ltd and A Ltd. both dealing in drugs and chemicals have entered into an agreement to jointly promote the sale of their...
- ZM Communication Ltd. and Tele Developer Ltd. are of the view that Zetka Communication Ltd. is abusing its dominant posi...
- Distinguish between the following: (i) 'Bid rigging' and 'Resale Price Maintenance'