Wednesday, January 21, 2015

Section 2(h), read with section 4, of the Competition Act, 2002 - Enterpris

Competition Act : Registrar of co-operative society while discharging its regulatory and statutory mandate cannot be said to fall within purview of terms enterprise as defined in section 2(h)
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[2015] 53 taxmann.com 272 (CCI)
COMPETITION COMMISSION OF INDIA
Malwa Industrial & Marketing Ferti-chem Co-operative Society Ltd. (MIFCO)
v.
Registrar, Co-operative Societies, Punjab
ASHOK CHAWLA, CHAIRPERSON
S.L. BUNKER, SUDHIR MITAL,
AUGUSTINE PETER AND U.C. NAHTA, MEMBER
CASE NO. 31 OF 2014
NOVEMBER  18, 2014
Section 2(h), read with section 4, of the Competition Act, 2002 - Enterprise - Definition of - Whether regulatory functions are not per se amenable to jurisdiction of Commission - Held, yes - Whether Registrar of co-operative society while discharging its regulatory and statutory mandate cannot be said to fall within purview of terms enterprise as defined in section 2(h) - Held, yes [Paras 16, 17, 18 & 19]

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