The parliamentary standing committee on finance in its report has asked the corporate affairs ministry (MCA) to clarify the definition of material influence threshold — which has been introduced in the Competition Amendment Bill to ascertain who has control over an enterprise.
MCA has talked about positive and negative control — the latter is about the ability to block special resolution, which would determine the material influence. The committee has also said intellectual property rights (IPR) should be included as a defence against abuse of dominant position.
“In order to ensure ease of doing business, the Competition Commission of India