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TypeBare Act JurisdictionCentral Government

Competition Act, 2002 Section 28

DIVISION OF ENTERPRISE ENJOYING DOMINANT POSITION

~2 min read
https://sooperkanoon.com/act/245998

Bare act section · Research

About this section

Competition Act, 2002 Section 28 is part of Competition Act, 2002 — DIVISION OF ENTERPRISE ENJOYING DOMINANT POSITION. Read the section text below and explore Indian court judgments that cite it.

Research copy — verify against official government publications before filing or court use.

Section Text

1) The Central Government, on recommendation under clause (f) of section 27-, 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 does not abuse its dominant position.

(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to in sub-section (1) may provide for all or any of the following matters, namely:-

(a) the transfer or vesting or property, rights, liabilities or obligations;

(b) the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise;

(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities;

(d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise;

(e) 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;

(f) 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;

(g) any other matter which may be necessary to give effect to the division of the enterprise.

(3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser.

Frequently asked questions

What does Competition Act, 2002 Section 28 provide?

Section Section 28 of the Competition Act, 2002 (DIVISION OF ENTERPRISE ENJOYING DOMINANT POSITION) is reproduced on this page as part of the Competition Act, 2002. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Competition Act, 2002 Section 28?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Competition Act, 2002 Section 28. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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