(1) 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.
(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:—
- the transfer or vesting of property, rights, liabilities or obligations;
- the adjustment of contracts, either by discharge or reduction of any liability or obligation or otherwise;
- the creation, allotment, surrender or cancellation of any shares, stocks or securities;
- 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;
- 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;
- 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, no order shall be made under sub-section (1) and sub-section (2) unless the copies of the proposed order have been sent to the enterprise concerned and the Central Government, and the enterprise concerned has been given an opportunity of being heard.