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

The Commission has ordered the amalgamation of Ravi Textiles Ltd with Orient Mills Ltd to be void. How is the amalgamation dealt with by authorities under other laws, per Section 31(13)?

It is dealt with as if the amalgamation had not taken place, and the parties are dealt with accordingly. Section 31(13) directs authorities under other laws to treat a combination ordered void as never having occurred, so it is not treated as valid or suspended.

  1. AAs if the amalgamation had not taken place, with the parties dealt with accordinglyCorrect
  2. BAs a valid amalgamation, with only a penalty imposed
  3. CAs approved after 150 days by deemed approval
  4. DAs suspended until the parties apply for modification

Explanation

Section 31(13) provides that where the Commission has ordered a combination void, the acquisition, control, merger or amalgamation is dealt with by authorities under any other law as if it had not taken place, and the parties are dealt with accordingly. It is not treated as valid or merely suspended.

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