Section 23 - Amendment of section 31 - Competition (Amendment) Act, 2023

Amendment of section 31. 23 . In section 31 of the principal Act, (a) in the marginal heading, the word certain shall be omitted; (b) in sub-section (1), the words including the combination shall be omitted; (c) after sub-section (1), the following proviso shall be inserted, namely: Provided that if the Commission does not form a prima facie opinion as provided under sub-section (1B) of section 29, the combination shall be deemed to have been approved and no separate order shall be required to be passed. ; (d) for sub-sections (3), (4), (5) and (6), the following sub-sections shall be substituted, namely: (3) Where the Commission is of the opinion that any appreciable adverse effect on competition that the combination has, or is likely to have, can be eliminated by modification proposed by the parties or the Commission, as the case may be, under sub-section (7) of section 29 or sub-section (2) or sub-section (3) of section 29A, it may approve the combination subject to such modifications as it thinks fit. (4) Where a combination is approved by the Commission under sub-section (3), the parties to the combination shall carry out such modification within such period as may be specified by the Commission. (5) Where (a) the Commission has directed under sub-section (2) that the combination shall not take effect; or (b) the parties to the combination, fail to carry out the modification within such period as may be specified by the Commission under sub-section (4); or (c) the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition which cannot be eliminated by suitable modification to such combination, then, without prejudice to any penalty which may be imposed or any prosecution which may be initiated under this Act, the Commission may order that such combination shall not be given effect to, or be declared void, or frame a scheme to be implemented by the parties to address the appreciable adverse effect on competition, as the case may be. (6) If no order is passed or direction issued by the Commission in accordance with the provisions of sub-section (1) or sub-section (2) or sub-section (3) or sub-section (5), as the case may be, within a period of one hundred and fifty days from the date of notice given to the Commission under sub-section (2) of section 6, the combination shall be deemed to have been approved by the Commission. ; (e) sub-sections (7), (8), (9), (10), (11) and (12) shall be omitted. **************** NOTES:- 1. Shall come into force w.e.f. 10th day of September, 2024 vide Notification No. S.O. 3846(E) dated 09-09-2024