Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:—
2[(b) impose such penalty, as it may deem fit which shall be not more than ten per cent. of the average of the turnover or income, as the case may be, for the last three preceding financial years, upon each of such person or enterprise which is a party to such agreement or has abused its dominant position: Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the Commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent. of its turnover or income, as the case may be, for each year of the continuance of such agreement, whichever is higher. Explanation 1.—For the purposes of this clause, the expression "turnover " or "income ", as the case may be, shall be determined in such manner as may be specified by regulations. Explanation 2.—For the purposes of this clause, "turnover " means global turnover derived from all the products and services by a person or an enterprise.]
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6[Provided that while passing orders under this section, if the Commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the Act is a member of a group as defined in clause (b) of the Explanation to section 5 of the Act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group.]1. Subs. by Act 39 of 2007, s. 20, for the proviso (w.e.f. 20-5-2009). 2. Subs. by s. 20, ibid., for clause (b) (w.e.f. 6-3-2024). 3. Cl. (c) omitted by s. 20, ibid. (w.e.f. 20-5-2009). 4. Cl. (f) omitted by Act 39 of 2007, s. 20 (w.e.f. 20-5-2009). 5. Subs. by s. 20, ibid., for "order " (w.e.f. 20-5-2009). 6. The Proviso inserted by s.20, ibid. (w.e.f. 20-5-2009).