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

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