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CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

Nordic Cement AB, a company located outside India and dominant in its market, engages in conduct that is likely to have an appreciable adverse effect on competition in the relevant market in India. Can the Competition Commission of India inquire into it?

Yes. Section 32 gives the Commission power to inquire into abuse of dominant position even if the abusing enterprise is outside India, provided it has or is likely to have an appreciable adverse effect on competition in the relevant market in India.

  1. ANo, because the enterprise is outside India
  2. BNo, unless the Central Government first notifies the enterprise
  3. CYes, the Commission has power to inquire even though the enterprise abusing dominant position is outside IndiaCorrect
  4. DYes, but only if the enterprise has a branch office in India

Explanation

Section 32 empowers the Commission to inquire into abuse of dominant position notwithstanding that the enterprise abusing it is outside India, if the dominant position has or is likely to have an appreciable adverse effect on competition in the relevant market in India. No branch office or prior notification is required.

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