Division of enterprise enjoying dominant position
Section 28 of the Competition Act, 2002 deals with division of enterprise enjoying dominant position. The [Commission] may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position. The Act came into force on 31 Mar 2003.
The 1[Commission] may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position.
(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to in sub-section (1) may provide for all or any of the following matters, namely:--
(a) the transfer or vesting of property, rights, liabilities or obligations;
(b) the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise;
(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities;
2* * * * *
(e) the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise;
(f) the extent to which, and the circumstances in which, provisions of the order affecting an enterprise may be altered by the enterprise and the registration thereof;
(g) any other matter which may be necessary to give effect to the division of the enterprise.
(3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser
Section 28, The Competition Act, 2002 (Act 12 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (h) categories of customers. - c) hear objections if required, and conduct further inquiry in the matter based on the findings and objections. - 31. The CCI, after inquiry in the above terms, is empowered by sections 27 and 28 of the Competition Act to: - a) discontinue such agreement/s and/or abuse of dominant position, and to not re-enter such agreement/s; - b) impose a penalty; - c) modify the agreement by its order; - d) direct compliance with any other orders passed, including as to costs; - e) direct division of an …
Questions about Section 28
What does Section 28 of the Competition Act deal with?
Section 28 of the Competition Act is headed "Division of enterprise enjoying dominant position". The [Commission] may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position.
How do I find court cases under Section 28 of the Competition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Competition Act 28, section 28 Competition Act, section 28 of the Competition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 28 of the Competition Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 28 of the Competition Act come into force?
Section 28 of the Competition Act, cited as Competition Act 28, came into force on 31 Mar 2003, having been enacted on 13 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 66. Repeal and saving1683 words
- 2. Definitions1390 words
- 5. Combination1317 words
- 6. Regulation of combinations920 words
- 3. Anti-competitive agreements850 words
- 26. Procedure for inquiry under section 19788 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.