C&M E-ALERT: CCI PROPOSES REGULATIONS FOR DETERMINING TURNOVER AND INCOME FOR PENALTIES ON ENTERPRISES AND INDIVIDUALS

 WHAT HAS HAPPENED?

 WHAT DO SECTIONS 27 AND 48 PROVIDE FOR?                                                         

Sections 27 and 48 of the Act empower the CCI to take action against any enterprise or person and/or any individual involved for entering into any anti-competitive agreement under Section 3 of the Act, or abuse of dominant position under Section 4 of the Act, including imposing penalties on such enterprises and individuals.

 COMPONENTS OF ‘TURNOVER’ AND ‘INCOME’ UNDER THE DRAFT REGULATIONS         

The draft Regulations bring much needed definitional uniformity and parity between the merger control regime and the anti-trust regime. While the FAQs and regulations for combination clarify the exclusion of intra-group sales and indirect taxes from the purview of turnover, penalties for anti-trust infringement did not allow for these deductions.

 C&M PERSPECTIVE                                                                                                                       

 WHAT’S NEXT?                                                                                                   

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