https://www.taxtmi.com/caselaws?id=439133 The Competition Act, 2002 applies to government companies and statutory coal monopolies engaged in coal mining and distribution because those activities are commercial, not sovereign functions. The Act's definitions of enterprise, dominant position, and the Section 19(4) factors show that Parliament intended competition law to reach public sector undertakings and statutory monopolies. The Coal Mines (Nationalisation) Act, 1973 and its non obstante clause do not create immunity from the later Competition Act, and the constitutional setting under Articles 31B, 31C and 39(b) does not exempt such entities from competition scrutiny. Their substantive defences on alleged abuse remain for determination in the pending proceedings. en-us Thu, 15 Jun 2023 00:00:00 +0530 Fri, 16 Jun 2023 18:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=439133 The Competition Act, 2002 applies to government companies and statutory coal monopolies engaged in coal mining and distribution because those activities are commercial, not sovereign functions. The Act's definitions of enterprise, dominant position, and the Section 19(4) factors show that Parliament intended competition law to reach public sector undertakings and statutory monopolies. The Coal Mines (Nationalisation) Act, 1973 and its non obstante clause do not create immunity from the later Competition Act, and the constitutional setting under Articles 31B, 31C and 39(b) does not exempt such entities from competition scrutiny. Their substantive defences on alleged abuse remain for determination in the pending proceedings. Case-Laws Law of Competition Thu, 15 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=439133