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Directors can only be liable when they are responsible for conduct of business of company

December 19, 2018[2018] 100 354 (Delhi)

Competition Act : Officers / Directors can only be liable if CCI were to come to conclusion that they were key persons who were In-charge and responsible for conduct of business of Company.

• Section 27 o stipulates that CCI on a finding that there is a contravention of Section 3 or Section 4, can pass orders against an 'enterprise' and a 'person' i.e individual, who has been proceeded against, imposing penalty.

• If Company and Officers / Directors are being proceeded against for violation of Sections 3 and 4, there has to be a consequence for violation. Turnover, in context of Officers / Directors has to be interpreted as income of Officers / Directors from Company and CCI is justified in imposing penalty on income of Officers/Directors of Company.

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