Supreme Court · 2018 INSC 352 · Decided 17 April 2018
Competition Commission of India v. Thomas Cook (India) LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 352 · [2018] 3 S.C.R. 391
- Case number
- CIVIL APPEAL No. 13578/2018
- Decided
- 17 April 2018
- Bench
- ARUN MISHRA, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Competition Act, 2002: ss.6(2) and 43A - Imposition of penalty u/s.43A for non- compliance of provision u/s.6(2) - Propriety of - The three respondent companies decided about de-merger/amalgamation - Share Subscription Agreement (SSA), Share Purchase Agreement (SPA), Open of the transaction - Respondents sent Notice u/s. 6(2) to appellant- Commission notifying only 'Demerger' and 'Amalgamation' and not other transactions - Other transactions were, however, disclosed while claiming exemption u/s. 5 - Appellant-Commission
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