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.
- ASupersession may be for up to one year, without hearing the Commission
- BSupersession may be for a period not exceeding six months, after giving the Commission a reasonable opportunity to make representationsCorrect
- CSupersession is permitted only if the Commission persistently defaults, not on public interest grounds
- 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.
Did you get it right without looking?
One question tells you little. A timed set on Competition Law shows your real accuracy, how long you take and where you lose marks.
More Competition Law questions
- The Government of a State is framing a policy on licensing of agricultural produce markets and wants to know how it may affect competition. …
- Which statement about the procedure and powers of the Appellate Tribunal under the Competition Act, 2002 is correct?
- Rohan Steels Ltd. deliberately and without any reasonable ground disobeys an order of the Appellate Tribunal. Which statement about the cons…
- Under Section 8 as given in the text, which composition of the Competition Commission of India is correct?
- A student states that advocacy work of the Competition Commission is carried only through opinions on Government references. Which provision…
- Aarav Traders, Bharat Supplies and Chetan Enterprises are bidding for a municipal tender. They secretly agree that Aarav will quote the lowe…