28Division of enterprise enjoying dominant position
The 1[Commission] 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 of 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;
2* * * * *
(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
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1. Subs. by s. 21, ibid., for "Central Government, on recommendation under clause (f) of section 27" (w.e.f. 20-5-2009).
2. Cl. (d) omitted by s. 21, ibid. (w.e.f. 20-5-20090
- 18 Duties of Commission
- 19 Inquiry into certain agreements and dominant position of enterprise
- 20 Inquiry into combination by commission
- 21 Reference by statutory authority
- 21A Reference by Commission
- 22 Meetings of Commission
- 23 Omitted
- 24 Omitted
- 25 Omitted
- 26 Procedure for inquiry under section 19
- 27 Orders by Commission after inquiry into agreements or abuse of dominant position
- 28 Division of enterprise enjoying dominant position
- 29 Procedure for investigation of combinations
- 30 Inquiry into disclosures under sub-section (2) of section 6
- 31 Orders of Commission on certain combinations
- 32 Acts taking place outside India but having an effect on competition in Indi
- 33 Power to issue interim orders
- 34 Omitted
- 35 Appearance before Commissio
- 36 Power of Commission to regulate its own procedure
- 37 Omitted
- 38 Rectification of order
- 39 Execution of orders of Commission imposing monetary penalty
- 40 Omitted