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CS Professional · Corporate Restructuring, Valuation and Insolvency · Regulation of Combinations

Kaveri Steels is a party to a combination. The Commission starts an inquiry under sub-section (1) of section 20, and Kaveri Steels does not submit the information required pursuant to that inquiry. Which provision empowers the Commission to penalise this failure?

Section 43A empowers the Commission to penalise a person or enterprise that fails to submit information pursuant to an inquiry under section 20(1). It is a separate ground from failing to give notice, so no notice default is required.

  1. ASection 43A, which covers failure to submit information pursuant to an inquiry under section 20(1)Correct
  2. BSection 19, which covers inquiry into combinations
  3. CSection 43A, but only if notice under section 6(2) was also not given
  4. DSection 19(3), through the factors on barriers to new entrants

Explanation

Section 43A expressly lists failure to submit information pursuant to an inquiry under section 20(1) as a ground for penalty, independent of the notice failures. Section 19 deals with inquiry into agreements and dominant position, not combinations. The third option wrongly makes the notice default a precondition.

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