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

The Central Government is of the opinion that it is necessary in the public interest to supersede the Competition Commission. Which of the following is correct under the Competition Act, 2002?

The Central Government may supersede the Commission by a notification stating reasons, for a period not exceeding six months, after giving the Commission a reasonable opportunity to make representations and considering them. Public interest is itself a valid ground, alongside inability to function and persistent default.

  1. ASupersession may be for up to one year, without hearing the Commission
  2. BSupersession may be for a period not exceeding six months, after giving the Commission a reasonable opportunity to make representationsCorrect
  3. CSupersession is permitted only if the Commission persistently defaults, not on public interest grounds
  4. DSupersession takes effect without a notification, by an executive order

Explanation

Section 56(1) permits supersession by notification, with reasons, for a period not exceeding six months, on grounds that include public interest. The proviso requires a reasonable opportunity for representations, which the Government must consider. Option C ignores clause (c) on public interest.

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