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CMA Final · Corporate and Economic Laws · The Competition Act, 2002

Regarding Section 29A of the Competition Act, 2002, which statement is correct about proposing modifications to a combination found likely to cause an appreciable adverse effect on competition?

The Commission may on its own initiative propose appropriate modifications to the combination, and the parties may consider them. Parties can also offer their own modifications along with their explanation to the statement of objections.

  1. AOnly the parties to the combination may propose modifications, never the Commission
  2. BThe Commission may suo motu propose appropriate modifications which the parties may considerCorrect
  3. CThe Commission must impose its own modification without considering the parties' offer
  4. DModifications may be offered only before the statement of objections is issued

Explanation

The second proviso to Section 29A(3) allows the Commission to suo motu propose appropriate modifications to the combination, which the parties may consider. Parties offer their modification along with their explanation to the statement of objections, so offers come after, not before, that statement.

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