Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Under Section 43A, failure to notify a transaction to the CCI may be sanctioned by a penalty of up to 1% of the total turnover of the parties involved in the transaction or 1% of the value of assets included in the transaction, whichever is higher. Merging parties, the parties acquiring control and the parents of a functional joint-venture entity can be fined, but not the seller.  …

Fines

Both the CCI and the parties can propose modification to the combination during phase 1 and phase 2 of the review process. Failure to implement a modification in the timeframe set out by the CCI results in the combination being deemed to have an appreciable adverse effect on competition (Article 31(5)). In such a case, the CCI has the power to order that the combination shall not be given effect to, without prejudice to further prosecution and penalty for the resulting anticompetitive effect assessed under the Competition Act. In case of implementation of the combination before approval or after prohibition, all acts relating to the combination are void.

Conditions and commitments - Divestiture

Under Section 43A, failure to notify a transaction to the CCI may be sanctioned by a penalty of up to 1% of the total turnover of the parties involved in the transaction or 1% of the value of assets included in the transaction, whichever is higher. Merging parties, the parties acquiring control and the parents of a functional joint-venture entity can be fined, but not the seller. 

In case of contravention of the CCI's decision, the Chief Metropolitan Magistrate in Delhi may impose imprisonment for a term of up to three years and/or a fine of up to INR 250 million (US$ 3.4 million).

Global Competition Law

1013. Fines

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Les notions juridiques connexes

1013. Fines

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise