SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Competition Act, 2002. 2.     It extends to the whole of India except the State of Jammu and Kashmir. 3.     It shall co...
2Definitions
In this Act, unless the context otherwise requires,- a.     "acquisition" means, directly or indirectly, acquiring or agreeing to acquire-               i. ...
Chapter IIProhibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations Prohibition of Agreements
3Anti-competitive agreements
1.     No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distr...
4Abuse of dominant position
1.     No enterprise shall abuse its dominant position. 2.     There shall be an abuse of dominant position under sub-section (1), if an enterprise,- a.   ...
5Combination
The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and pers...
6Regulation of combinations
1.     No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the rele...
Chapter IIICompetition Commission of India
7Establishment of Commission
1.     With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commis...
8Composition of Commission
1.     The Commission shall consist of a Chairperson and not less than two and not more than ten other Members to be appointed by the Central Government : Pr...
9Selection of Chairperson and other Members
The Chairperson and other Members shall be selected in the manner as may be prescribed....
10Term of office of Chairperson and other Members
1.     The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office and shall b...
11Resignation, removal and suspension of Chairperson and other Members
1.     The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the...
12Restriction on employment of Chairperson and other Members in certain cases
The Chairperson and other Members shall not, for a period of one year from the date on which they cease to hold office, accept any employment in, or connected...
13Financial and administrative powers of Member Administration
The Central Government shall designate any Member as Member Administration who shall exercise such financial and administrative powers as may be vested in him...
14Salary and allowances and other terms and conditions of service of Chairperson and other Members
1.     The salary, and the other terms and conditions of service, of the Chairperson and other Members, including travelling expenses, house rent allowance a...
15Vacancy, etc., not to invalidate proceedings of Commission
No act or proceeding of the Commission shall be invalid merely by reason of- a.     any vacancy in, or any defect in the constitution of, the Commission; or ...
16Appointment of Director-General, etc.
1.     The Central Government may, by notification, appoint a Director General and as many Additional, Joint, Deputy or Assistant Directors General or such o...
17Registrar and officers and other employees of Commission
1.     The Commission may appoint a Registrar and such officers and other employees as it considers necessary for the efficient performance of its functions ...
Chapter IVDuties, Powers and Functions of Commission
18Duties of Commission
Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain...
19Inquiry into certain agreements and dominant position of enterprise
1.     The Commission may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or sub-section (1) of section 4 ...
20Inquiry into combination by Commission
1.     The Commission may, upon its own knowledge or information relating to acquisition referred to in clause (a) of section 5 or acquiring of control refer...
21Reference by statutory authority
1.     Where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority ha...
22Benches of Commission
1.     The jurisdiction, powers and authority of the Commission may be exercised by Benches thereof. 2.     The Benches shall be constituted by the Chairpe...
23Distribution of business of Commission amongst Benches
1.     Where any Benches are constituted, the Chairperson may, from time to time, by order, make provisions as to the distribution of the business of the Com...
24Procedure for deciding a case where Members of a Bench differ in opinion
If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson w...
25Jurisdiction of Bench
An inquiry shall be initiated or a complaint be instituted or a reference be made under this Act before a Bench within the local limits of whose jurisdiction-...
26Procedure for inquiry on complaints under section 19
1.     On receipt of a complaint or a reference from the Central Government or a State Government or a statutory authority or on its own knowledge or there e...
27Orders by Commission after inquiry into agreements or abuse of dominant position
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...
28Division of enterprise enjoying dominant position
1.     The Central Government, on recommendation under clause (f) of section 27, may, notwithstanding anything contained in any other law for the time being ...
29Procedure for investigation of combinations
1.     Where the Commission is of the opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the re...
30Inquiry into disclosures under sub-section (2) of section 6
Where any person or enterprise has given a notice under sub-section (2) of section 6, the Commission shall inquire- a.     whether the disclosure made in th...
31Orders of Commission on certain combinations
1.     Where the Commission is of the opinion that any combination does not, or is not likely to, have an appreciable adverse effect on competition, it shall...
32Acts taking place outside India but having an effect on competition in India
The Commission shall, notwithstanding that,- a.     an agreement referred to in section 3 has been entered into outside India; or b.    any party to such a...
33Power to grant interim relief
1.     Where during an inquiry before the Commission, it is proved to the satisfaction of the Commission, by affidavit or otherwise, that an act in contraven...
34Power to award compensation
1.     Without prejudice to any other provisions contained in this Act, any person may make an application to the Commission for an order for the recovery of...
35Appearance before Commission
A complainant or defendant or the Director General may either appear in person or authorise one or more chartered accountants or company secretaries or cost a...
36Power of Commission to regulate its own procedure
1.     The Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles o...
37Review of orders of Commission
Any person aggrieved by an order of the Commission from which an appeal is allowed by this Act but no appeal has been preferred, may, within thirty days from ...
38Rectification of orders
1.     With a view to rectifying any mistake apparent from the record, the Commission may amend any order passed by it under the provisions of this Act. 2.  ...
39Execution of orders of Commission
Every order passed by the Commission under this Act shall be enforced by the Commission in the same manner as if it were a decree or order made by a High Cour...
40Appeal
Any person aggrieved by any decision or order of the Commission may file an appeal to the Supreme Court within sixty days from the date of communication of th...
Chapter VDuties of Director General
41Director
General to investigate contraventions.-1.     The Director General shall, when so directed by the Commission, assist the Commission in investigating into an...
Chapter VIPenalties
42Contravention of orders of Commission
1.     Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Commission, or any conditi...
43Penalty for failure to comply with directions of Commission and Director-General.
If any person fails to comply with a direction given by- a.     the Commission under sub-section (5) of section 36; or b.    the Director General while exe...
44Penalty for making false statement or omission to furnish material information
If any person, being a party to a combination,- a.     makes a statement which is false in any material particular, or knowing it to be false; or b.    omi...
45Penalty for offences in relation to furnishing of information
1.     Without prejudice to the provisions of section 44, if any person, who furnishes or is required to furnish under this Act any particulars, documents or...
46Power to impose lesser penalty
The Commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have vio...
47Crediting sums realised by way of penalties to Consolidated Fund of India
All sums realised by way of penalties under this Act shall be credited to the Consolidated Fund of India....
48Contravention by companies
1.     Where a person committing contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued there under is...
Chapter VIICompetition Advocacy
49Competition advocacy
1.     In formulating a policy on competition (including review of laws related to competition), the Central Government may make a reference to the Commissio...
Chapter VIIIFinance, Accounts and Audit
50Grants by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Gover...
51Constitution of Fund
1.     There shall be constituted a fund to be called the "Competition Fund" and there shall be credited thereto- a.     all Government grants received by t...
52Accounts and audit
1.     The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed...
53Furnishing of returns, etc., to Central Government
1.     The Commission shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may ...
Chapter IXMiscellaneous
54Power to exempt
The Central Government may, by notification, exempt from the application of this Act, or any provision thereof, and for such period as it may specify in such ...
55Power of Central Government to issue directions
1.     Without prejudice to the foregoing provisions of this Act, the Commission shall, in exercise of its powers or the performance of its functions under t...
56Power of Central Government to supersede Commission
1.     If at any time the Central Government is of the opinion- a.     that on account of circumstances beyond the control of the Commission, it is unable to...
57Restriction on disclosure of information
No information relating to any enterprise, being an information which has been obtained by or on behalf of the Commission for the purposes of this Act, shall,...
58Members, Director General, Registrar, officers and other employees, etc., of Commission to be public servants
The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Registrar and officers and other empl...
59Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government or Commission or any officer of the Central Government or the Chairpe...
60Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force....
61Exclusion of jurisdiction of civil courts
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Commission is empowered by or under this Act to ...
62Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force....
63Power to make rules
1.     The Central Government may, by notification, make rules to carry out the provisions of this Act. 2.     In particular, and without prejudice to the ...
64Power to make regulations
1.     The Commission may, by notification, make regulations consistent with this Act and the rules made there under to carry out the purposes of this Act. 2...
65Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
66Repeal and saving
1.     The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission...
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