advertisement

Bare Acts

The Competition Act, 2002

An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Act Details

Act Number:

12

Act Year:

2003

Location:

Enactment Date:

1/13/2003

Enforcement Date:

31-03-2003

Ministry:

Ministry of Corporate Affairs

All Section List (Competition Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Prohibition of agreements

Section 3

Section 3

Anti-competitive agreements.

Prohibition of abuse of dominant position

Section 4

Section 4

Abuse of dominant position.

Regulation of combinations

Section 5 to Section 6

Section 5

Section 6

Regulation of combinations.

COMPETITION COMMISSION OF INDIA

Section 7 to Section 17

Section 7

Establishment of Commission.

Section 8

Composition of Commission.

Section 9

Selection Committee for Chairperson and Members of Commission.

Section 10

Term of office of Chairperson and other Members.

Section 11

Resignation, removal and suspension of Chairperson and other members.

Section 12

Restriction on employment of Chairperson and other Members.

Section 13

Administrative powers of Chairperson.

Section 14

Salary and allowances and other terms and conditions of service of Chairperson and other Members.

Section 15

Vacancy, etc., not to invalidate proceedings of Commission.

Section 16

Appointment of Director-General, etc.

Section 17

Appointment of Secretary, experts, professionals and officers and other employees of Commission.

DUTIES, POWERS AND FUNCTIONS OF COMMISSION

Section 18 to Section 40

Section 18

Duties and functions of Commission.

Section 19

Inquiry into certain agreements and dominant position of enterprise.

Section 20

Inquiry into combination by commission.

Section 21

Reference by statutory authority.

Section 21A

Reference by Commission.

Section 22

Meetings of Commission.

Section 23

Section 24

Section 25

Section 26

Procedure for inquiry under section 19.

Section 27

Orders by Commission after inquiry into agreements or abuse of dominant position.

Section 28

Division of enterprise enjoying dominant position.

Section 29

Procedure for investigation of combinations.

Section 30

Inquiry into disclosures under sub-section (2) of section 6.

Section 31

Orders of Commission on certain combinations.

Section 32

Acts taking place outside India but having an effect on competition in India

Section 33

Power to issue interim orders.

Section 34

Section 35

Appearance before Commission

Section 36

Power of Commission to regulate its own procedure.

Section 37

Section 38

Rectification of orders

Section 39

Execution of orders of Commission imposing monetary penalty.

Section 40

DUTIES OF DIRECTOR GENERAL

Section 41

Section 41

Director General to investigate contravention

PENALTIES

Section 42 to Section 48

Section 42

Contravention of orders of Commission.

Section 42A

Compensation in case of contravention of orders of Commission

Section 43

Penalty for failure to comply with directions of Commission and Director General.

Section 43A

Power to impose penalty for non-furnishing of information on combinations.

Section 44

Penalty for making false statement or omission to furnish material information.

Section 45

Penalty for contraventions in relation to furnishing of information.

Section 46

Power to impose lesser penalty

Section 47

Crediting sums realised by way of penalties to Consolidated Fund of India.

Section 48

Contravention by companies.

COMPETITION ADVOCACY

Section 49

Section 49

Competition advocacy.

FINANCE, ACCOUNTS AND AUDIT

Section 50 to Section 53

Section 50

Grants by Central Government.

Section 51

Constitution of Fund.

Section 52

Accounts and audit.

Section 53

Furnishing of returns, etc., to Central Government.

APPELLATE TRIBUNAL

Section 53A to Section 53U

Section 53A

Appellate Tribunal.

Section 53B

Appeal to Appellate Tribunal.

Section 53C

Section 53D

Section 53E

Section 53F

Section 53G

Section 53H

Section 53I

Section 53J

Section 53K

Section 53L

Section 53M

Section 53N

Awarding compensation

Section 53O

Procedures and powers of Appellate Tribunal.

Section 53P

Execution of orders of Appellate Tribunal.

Section 53Q

Contravention of orders of Appellate Tribunal.

Section 53R

Section 53S

Right to legal representation.

Section 53T

Appeal to Supreme Court

Section 53U

Power to Punish for contempt.

MISCELLANEOUS

Section 54 to Section 66

Section 54

Power to exempt.

Section 55

Power of Central Government to issue directions.

Section 56

Power of Central Government to supersede Commission.

Section 57

Restriction on disclosure of information

Section 58

Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants

Section 59

Protection of action taken in good faith.

Section 60

Act to have overriding effect

Section 61

Exclusion of jurisdiction of civil courts.

Section 62

Application of other laws not barred.

Section 63

Power to make rules

Section 64

Power to make regulations.

Section 65

Power to remove difficulties.

Section 66

Repeal and saving