THE COMPETITION ACT, 2002

2002 · State unknown · central · act_text

Download PDF Back to Acts Subordinates

Sections (349)

29A · Issue of statement of objections by Commission and proposal of modifications.

49 · Competition advocacy.

41 · Director General to investigate contraventions .

42A · Compensation in case of contravention of orders of Commission.

43A · Power to impose penalty for non-furnishing of information on combinations .

48C · Revocation of the Settlement or Commitment order and penalty.

53B · Appeal to Appellate Tribunal.

53 · -O. Procedure and powers of Appellate Tribunal.

53P · Execution of orders of Appellate Tribunal.

53Q · Contravention of orders of Appellate Tribunal.

53 · -S. Right to legal representation.

53U · Power to Punish for contempt.

59A · Compounding of certain offences .

64A · Process of issuing regulations.

64B · Commission to issue guidelines.

1 · Short title, extent and commencement . — (1) This Act may be called the Competition Act, 2002.

2 · Definitions . — In this Act, unless the context otherwise requires,—

2 · [(ba) " Appellate Tribunal " means the National Company Law Appellate Tribunal referred to in sub -section (1) of section 53A;]

3 · [(ea) " commitment " means the commitment referred to in section 48B;]

1 · 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March, 2003 in respect of [s. 1, cls. (d), (g), (j), (k), (l) and (n) of s. 2, ss. 8, 9, 10, 14, 16, 17, sub -sec. (1) of s. 63 and cls. (a), (b), (d), (e), (f) and (g) of sub-sec. (2) of s. 63];

2 · Subs. by Act 7 of 2017, s. 171, for clause (ba) (w.e.f. 26-5-2017).

3 · Ins. by Act 9 of 2023, s. 3 (w.e.f. 18-5-2023).

2 · [(ka) " party " includes a consumer or an enterprise or a person or an information provider, or a consumer association or a trade association, or the Central Government or any State Government or any statutory authority, as the case may be, and shall include an enterprise or a person against whom any inquiry or proceeding is instituted; and any enterprise or person impleaded by the Commission to join the proceedings;]

1 · Subs. by Act 9 of 2023, s. 3, for certain words (w.e.f. 18-5-2023).

2 · Ins. by s. 3, ibid. (w.e.f. 18-5-2023).

3 · [(p) " public financial institution " means public financial institution as defined in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013) and includes a State Financial Corporation, State Industrial Corporation or State Investment Corporation;]

4 · [(t) " relevant product market " means a market comprising of all those products or services—

1 · Subs. by Act 9 of 2023, s. 3, for the words and figures "section 617 of the Companies Act, 1956 (1 of 1956)" (w.e.f. 18-52023).

2 · Subs. by s. 2, ibid., for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 18-5-2023).

3 · Subs. by s. 3, ibid., for clause (p) (w.e.f. 18-5-2023).

4 · Subs. by s. 3, ibid., for clause (t) (w.e.f. 18-5-2023).

1 · [(ua) " settlement " means the settlement referred to in section 48A;]

3 · Anti -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, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India.

1 · Ins. by Act 9 of 2023, s. 3 (w.e.f. 18-5-2023).

2 · Subs. by s. 2, ibid., for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 18-5-2023).

1 · [Provided further that an enterprise or association of enterprises or a person or association of persons though not engaged in identical or similar trade shall also be presumed to be part of the agreement under this sub -section if it participates or intends to participate in the furtherance of such agreement.]

4 · [Provided that nothing contained in this sub-section shall apply to an agreement entered into between an enterprise and an end consumer.]

5 · [(a) " tie -in arrangement " includes any agreement requiring a purchaser of goods or services, as a condition of such purchase, to purchase some other distinct goods or services;

1 · Ins. by Act 9 of 2023, s. 4 (w.e.f. 18-5-2023).

2 · Subs. by s. 4, ibid., for “Any agreement amongst enterprises or persons” (w.e.f. 18-5-2023).

3 · Subs. by s. 4, for “supply” (w.e.f. 18-5-2023).

4 · Ins. by s. 4, ibid . (w.e.f. 18-5-2023).

5 · Subs. by s. 4, ibid., for clauses (a) and (b) (w.e.f. 18-5-2023).

6 · Ins. by s. 4, ibid. (w.e.f. 18-5-2023).

7 · Subs. by s. 4, ibid., for “includes any agreement to sell goods on condition” (w.e.f. 18-5-2023).

1 · [(g) any other law for the time being in force relating to the protection of other intellectual property rights.]

4 · Abuse of dominant position.—2 2 [(1) No enterprise or group shall abuse its dominant position.]

1 · Ins. by Act 9 of 2023, s. 4 (w.e.f. 18-5-2023).

2 · Subs. by Act 39 of 2007, s. 3, for sub-section (1) (w.e.f. 20-5-2009).

3 · Subs. by s. 3, ibid., for “under sub-section (1), if an enterprise” (w.e.f. 20-5-2009).

4 · Subs. by Act 9 of 2023, s. 5, for “discriminatory condition or price” (w.e.f. 18-5-2023).

5 · Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009).

1 · [(c) " group " shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.]

5 · Combination . — 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 persons or enterprises, if—

2 · [(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or]

3 · [(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five crores in India, or turnover more than six billion US dollars; or, including at least rupees fifteen hundred crores in india; or]

4 · [(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or]

5 · [(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or]

1 · Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009).

2 · Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).

3 · Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).

4 · Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).

5 · Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).

1 · [(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or]

2 · [(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in 3 [India; or]]

4 · [(d) value of any transaction, in connection with acquisition of any control, shares, voting rights or assets of an enterprise, merger or amalgamation exceeds rupees two thousand crore:

5 · [Explanation . — For the purposes of this section,—

1 · Subs. by Act 39 of 2007, s. 4, for Item (B) (w.e.f. 1-6-2011).

2 · Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).

3 · Subs. by Act 9 of 2023, s. 6, for "India . " (w.e.f. 10-9-2024).

4 · Ins. by s. 6, ibid. (w.e.f. 10-9-2024) .

5 · Subs. by s. 6, ibid., for the Explanation (w.e.f. 10-9-2024).

6 · Regulation 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 relevant market in India and such a combination shall be void.

3 · [Explanation.—For the purposes of this sub-section, " other document " means any document, by whatever name called, conveying an agreement or decision to acquire control, shares, voting rights or assets or if the acquisition is without the consent of the enterprise being acquired, any document executed by the acquiring enterprise, by whatever name called, conveying a decision to acquire control, shares or voting rights or where a public announcement has been made in accordance with the provisions of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992) for acquisition of shares, voting rights or control such public document.]

4 · [(2A) No combination shall come into effect until 5 [one hundred and fifty days] have passed from the day on which the notice has been given to the Commission under sub-section (2) or the Commission has passed orders under section 31, whichever is earlier.]

1 · Subs. by Act 39 of 2007, s. 5, for “may, at his or its option,” (w.e.f. 1-6-2011).

2 · Subs. by Act 9 of 2023, s. 7, for “within thirty days of” (w.e.f. 10-9-2024).

3 · Ins. by s. 7, ibid. (w.e.f. 10-9-2024).

4 · Ins. by Act 39 of 2007, s. 5 (w.e.f. 1-6-2011).

5 · Subs. by Act 9 of 2023, s. 7, for “two hundred and ten days” (w.e.f. 10-9-2024).

2 · [(4) Notwithstanding anything contained in sub-sections (2A) and (3) and section 43A, if a combination fulfils such criteria as may be prescribed and is not otherwise exempted under this Act from the requirement to give notice to the Commission under sub-section (2), then notice for such combination may be given to the Commission in such form and on payment of such fee as may be specified by regulations, disclosing the details of the proposed combination and thereupon a separate notice under sub -section (2) shall not be required to be given for such combination.

3 · [6A. Open offers, etc.— Nothing contained in sub-section (2A) of section 6 and section 43A shall prevent the implementation of an open offer or an acquisition of shares or securities convertible into other securities from various sellers, through a series of transactions on a regulated stock exchange from coming into effect, if—

1 · Subs. by Act 9 of 2023, s. 7, for “sections 29, 30 and 31” (w.e.f. 10-9-2024).

2 · Subs. by s. 7, ibid., for sub-sections (4) and (5) and the Explanation (w.e.f. 10-9-2024)

3 · Ins. by s. 8, ibid. (w.e.f. 10-9-2024).

7 · Establishment of Commission . — (1) With effect from such date 1 as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the " Competition Commission of India " .

2 · [8. Composition of Commission . — (1) The Commission shall consist of a Chairperson and not less than two and not more than six other Members to be appointed by the Central Government.

4 · [9. Selection Committee for Chairperson and Members of Commission.—(1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of—

1 · 14th October, 2003, vide Notification No. S.O. 1198(E), dated 14th October, 2003.

2 · Subs. by Act 39 of 2007, s. 6, for section 8 (w.e.f. 12-10-2007).

3 · Ins. by Act 9 of 2023, s. 9 (w.e.f. 18-5-2023).

4 · . Subs. by Act 39 of 2007, s. 7, for section 9 (w.e.f. 12-10-2007).

5 · Ins. by Act 9 of 2023, s. 10 (w.e.f. 18-5-2023).

10 · Term 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 be eligible for re-appointment:

1 · [Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of sixty-five years . ]

11 · Resignation, 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:

2 · [12. Restriction on employment of Chairperson and other Members . — (1) The Chairperson and other Members shall, for a period of two years from the date on which they cease to hold office, not

1 · Subs. by Act 39 of 2007, s. 8, for the proviso (w.e.f. 12-10-2007).

2 · Subs. by Act 9 of 2023, s. 11, for section 12 (w.e.f. 18-5-2023) .

1 · [13. Administrative powers of Chairperson . — The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission:

14 · Salary 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 and conveyance facilities, sumptuary allowance and medical facilities shall be such as may be prescribed.

15 · Vacancy, etc. , not to invalidate proceedings of Commission . —N —No act or proceeding of the Commission shall be invalid merely by reason of—

16 · Appointment of Director General, etc.—2 2 [(1) The 3 [Commission may, with the prior approval of the Central Government] , appoint a Director General for the purposes of assisting the Commission in conducting inquiry into contravention of any of the provisions of this Act and for performing such other functions as are, or may be, provided by or under this Act.

1 · Subs. by Act 39 of 2007, s. 10, for section 13 (w.e.f. 20-5-2009).

2 · Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 12-10-2007).

3 · Subs. by Act 9 of 2023, s. 12, for “Central Government may, by notification” (w.e.f. 18-7-2023).

4 · Subs. by Act 39 of 2007, s. 11, for “such other advisers, consultants and officers,” (w.e.f. 12-10-2007).

5 · Subs. by s. 11, ibid., for “such other advisers, consultants or officers,” (w.e.f. 12-10-2007).

1 · [17. Appointment of Secretary, experts, professionals and officers and other employees of Commission . — (1) The Commission may appoint a Secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.

2 · [18. Duties and functions 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 competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India:

19 · Inquiry 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 either on its own motion or on—

4 · [Provided that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen:

1 · Subs. by Act 39 of 2007 , s. 12, for section 17 (w.e.f. 12-10-2007).

2 · Subs. by Act 9 of 2023, s. 13, for section 18 (w.e.f. 18-5-2023).

3 · Subs. by Act 39 of 2007, s. 13, for “receipt of a complaint” (w.e.f. 20-5-2009).

4 · Ins. by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).

1 · . The words "by hindering entry into the market" omitted by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).

2 · Subs. by s. 14, ibid . for "accrual of benefits" (w.e.f. 18-5-2023).

21 · Reference 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 has taken or proposes to take , is or would be, contrary to any of the provisions of this Act, then such statutory authority may make a reference in respect of such issue to the Commission:

1 · [Provided that any statutory authority, may, suo motu, make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be.]

2 · [(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.]

3 · [21A . Reference by Commission . — (1) Where in the course of a proceeding before the Commission an issue is raised by any party that any decision which, the Commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of 4 [an Act] whose implementation is entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to the statutory authority:

5 · [Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority . ]

6 · [22. Meetings of Commission . — (1) The Commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.

1 · Subs. by Act 9 of 2023 , s. 16, for the proviso (w.e.f. 18-5-2023).

2 · Subs. by Act 39 of 2007, s. 15, for sub-section (2) (w.e.f. 20-5-2009).

3 · Ins. by s. 16, ibid. (w.e.f. 20-5-2009).

4 · . Subs. by Act 9 of 2023, s. 17, for "this Act" (w.e.f. 18-5-2023).

5 · Subs. by s. 17, ibid., for the proviso (w.e.f. 18-5-2023).

6 · Subs. by Act 39 of 2007, s. 17, for section 22 (w.e.f. 12-10-2007).

23 · . [Distribution of business of Commission amongst Benches . ] Omitted by the Competition (Amendment) Act, 2007 (39 of 2007) , s s . 18 (w.e.f. 12-10-2007)] .

24 · . [Procedure for deciding a case where Members of a Bench differ . ] Omitted by s. 18 , ibid. d. (w.e.f. 12-10-2007)] .

25 · . [Jurisdiction of Bench . ] Omitted by s. 18 , ibid. d. (w.e.f. 12-10-2007)] .

2 · [26 . Procedure for inquiry under section 19 . — (1) On receipt of a reference from the Central Government or a State Government or a statutory authority or on its own knowledge or information received under section 19, if the Commission is of the opinion that there exists a prima facie case, it shall direct the Director General to cause an investigation to be made into the matter:

3 · [(2A) The Commission may not inquire into agreement referred to in section 3 or conduct of an enterprise or group under section 4, if the same or substantially the same facts and issues raised in the information received under section 19 or reference from the Central Government or a State Government or a statutory authority has already been decided by the Commission in its previous order.]

3 · [(3A) If, after consideration of the report of the Director General referred to in sub-section (3), the Commission is of the opinion that further investigation is required, it may direct the Director General to investigate further into the matter.

1 · The words "and in the event of equality of votes, the Chairperson or in his absence, the Member presiding, shall have a second or casting vote" omitted by Act 9 of 2023, s. 18 (w.e.f. 18-5-2023).

2 · Subs. by Act 39 of 2007, s. 19, for section 26 (w.e.f. 20-5-2009).

3 · Ins. by Act 9 of 2023, s. 19 (w.e.f. 18-5-2023).

4 · Subs. by s. 19, ibid., for “sub-section (3)” (w.e.f. 18-5-2023).

2 · [(9) Upon completion of the investigation or inquiry under sub-section (7) or sub-section (8), as the case may be, the Commission may pass an order closing the matter or pass an order under section 27, and send a copy of its order to the Central Government or the State Government or the statutory authority or the parties concerned, as the case may be:

27 · Orders 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 section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:—

3 · [(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:

7 · [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

1 · Subs. by Act 9 of 2023, s. 19, for “sub-section (3)” (w.e.f. 18-5-2023).

2 · Ins. by s. 19, ibid. (w.e.f. 19-9-2024).

3 · Subs. by s. 20, ibid., for clause (b) (w.e.f. 6-3-2024).

4 · Clause (c) omitted by Act 39 of 2007, s. 20, (w.e.f. 20-5-2009).

5 · Clause (f) omitted by s. 20, ibid. (w.e.f. 20-5-2009).

6 · Subs. by s. 20, ibid., for “order” (w.e.f. 20-5-2009).

7 · . Ins . by s. 20, ibid. (w.e.f. 20-5-2009).

28 · Division of enterprise enjoying dominant position . — (1) The 1 [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.

29 · Procedure for investigation of combinations . — (1) Where the Commission is of the 3 [prima facie] opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in India, it shall issue a notice to show cause to the parties to combination calling upon them to respond 4 [within fifteen days] of the receipt of the notice, as to why investigation in respect of such combination should not be conducted.

3 · [(1A) After receipt of the response of the parties to the combination under sub-section (1), the Commission may call for a report from the Director General and such report shall be submitted by the Director General within such time as the Commission may direct.]

5 · [(1B) The Commission shall, within thirty days of receipt of notice under sub-section (2) of section 6, form its prima facie opinion referred to in sub-section (1).]

1 · Subs. by Act 39 of 2007, s. 21, for "Central Government, on recommendation under clause (f) of section 27" (w.e.f. 20-5-2009).

2 · Clause (d) omitted by s. 21, ibid. (w.e.f. 20-5-2009).

3 · Ins. by s. 22, ibid. (w.e.f. 20-5-2009).

4 · Subs. by Act 9 of 2023, s. 21, for “within thirty days” (w.e.f. 10-9-2024).

5 · Ins. by s. 21, ibid. (w.e.f. 10-9-2024).

6 · Subs. by s. 21, ibid., for “within seven working days” (w.e.f. 10-9-2024).

7 · Subs. by s. 21, ibid., for “within ten working days” (w.e.f. 10-9-2024).

4 · [(6) After receipt of all information, the Commission shall proceed to deal with the case in accordance with the provisions contained in section 29A or section 31, as the case may be.

5 · [29A. Issue of statement of objections by Commission and proposal of modifications.—(1) Upon completion of the process under section 29, where the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall issue a statement of objections to the parties identifying such appreciable adverse effect on competition and direct the parties to explain within twenty-five days of receipt of the statement of objections, why such combination should be allowed to take effect.

6 · [30. Procedure in case of notice 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 examine such notice and form its prima facie opinion as provided in sub-section (1) of section 29 and proceed as per provisions contained in that section.]

31 · Orders of Commission on 7*** 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, by order, approve that combination 8 *** in respect of which a notice has been given under subsection (2) of section 6.

1 · Subs. by Act 9 of 2023, s. 21, for “within fifteen working days” (w.e.f. 10-9-2024).

2 · Subs. by s. 21, ibid., for “within fifteen working days” (w.e.f. 10-9-2024).

3 · Subs. by s. 21, ibid., for “within fifteen days” (w.e.f. 10-9-2024).

4 · Subs. by s. 21, ibid., for sub-section (6) (w.e.f. 10-9-2024).

5 · Ins. by s. 22, ibid., (w.e.f. 10-9-2024).

6 · Subs. by Act 39 of 2007, s. 23, for section 30 (w.e.f. 1-6-2011).

7 · The word “certain” omitted by Act 9 of 2023, s. 23 (w.e.f. 10-9-2024).

8 · The words “including the combination” omitted by s. 23, ibid., (w.e.f. 10-9-2024).

1 · [ Provided that if the Commission does not form a prima facie opinion as provided under sub-section (1B) of section 29, the combination shall be deemed to have been approved and no separate order shall be required to be passed.]

2 · [(3) Where the Commission is of the opinion that any appreciable adverse effect on competition that the combination has, or is likely to have, can be eliminated by modification proposed by the parties or the Commission, as the case may be, under sub-section (7) of section 29 or sub-section (2) or sub-section (3) of section 29A, it may approve the combination subject to such modifications as it thinks fit.

32 · Acts taking place outside India but having an effect on competition in India . — The Commission shall, notwithstanding that,—

1 · Ins. by Act 9 of 2023, s. 23, (w.e.f. 10-9-2024).

2 · Subs. by s. 23, ibid., for sub-sections (3), (4), (5) and (6) (w.e.f. 10-9-2024).

3 · Sub -sections (7), (8), (9), (10), (11) and (12) omitted by s. 23, ibid., (w.e.f. 10-9-2024).

3 · [33. Power to issue interim orders . —W —Where during an inquiry, the Commission is satisfied that an act in contravention of sub -section (1) of section 3 or sub-section (1) of section 4 or section 6 has been committed and continues to be committed or that such act is about to be committed, the Commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where it deems it necessary.]

34 · [Power to award compensation . ] Omitted by the Competition (Amendment) Act, 2007 (39 of 2007) , s. 27 (w.e.f. 12-10-2007).

35 · Appearance before Commission . — 4 [1] 5 [A party] or the Director General may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the Commission.

6 · [(2) Without prejudice to sub-section (1), a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case.]

7 · [36. Power of Commission to regulate its own procedure . — (1) In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure.

1 · Ins. by Act 39 of 2007, s. 25, (w.e.f. 20-5-2009).

2 · Subs. by Act 9 of 2023, s. 24, for “29 and 30” (w.e.f. 10-9-2024).

3 · . Subs. by s. 26, ibid., for section 33 (w.e.f. 20-5-2009).

4 · Section 35 shall be numbered as sub -section (1) thereof by Act 9 of 2023, s. 25 (w.e.f. 18-5-2023).

5 · . Subs. by s. 25, ibid., for "A person or an enterprise" (w.e.f. 18-5-2023).

6 · Ins. by s. 25, ibid. (w.e.f. 18-5-2023).

7 · Subs. by Act 39 of 2007, s. 29, for section 36 (w.e.f. 12-10-2007).

37 · [Review of orders of Commission.] Omitted by the Competition (Amendment) Act, 2007 (39 of 2007), s. 30 (w . e .f .f. f. 12 -10 -2007).

38 · Rectification 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.

1 · [39. Execution of orders of Commission imposing monetary penalty . — (1) If a person fails to pay any monetary penalty imposed on him under this Act, the Commission shall proceed to recover such penalty in such manner as may be specified by the regulations.

1 · Subs. by Act 39 of 2007, s. 31, for section 39 (w.e.f. 20-5-2009).

40 · [Appeal.]—Omitted by the Competition (Amendment) Act, 2007 (39 of 2007), s. 32 (w.e.f. f. 12 -10 -2007)

41 · Director General to investigate contraventions . — (1) The Director General shall, when so directed by the Commission, assist the Commission in investigating into any contravention of the provisions of this Act or any rules or regulations made thereunder.

1 · [(3) Without prejudice to sub-section (2), it shall be the duty of all officers, other employees and agents of a party which are under investigation—

1 · Subs. by Act 9 of 2023, s. 26, for sub-section (3) (w.e.f. 18-5-2023).

1 · [Explanation . — For the purposes of this section,—

2 · [42. Contravention of orders of Commission . — (1) The Commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the Act.

1 · Subs. by Act 9 of 2023, s. 26, for Explanation (w.e.f. 18-5-2023).

2 · Subs. by Act 39 of 2007, s. 34, for section 42 (w.e.f. 20-5-2009).

3 · Subs. by Act 9 of 2023, s. 27, for "sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine" (w.e.f. 18-5-2023).

4 · Subs. by s. 27, ibid., for “pay the fine imposed under sub-section (2)” (w.e.f. 18-5-2023).

1 · [42A. Compensation in case of contravention of orders of Commission . —W —Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the Commission or contravening, without any reasonable ground, any decision or order of the Commission issued 2 [under sections 6, 27], 28, 31, 32 and 33 or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this Act or delaying in carrying out such orders or directions of the Commission.]

3 · [43. Penalty for failure to comply with directions of Commission and Director General . — If any person fails to comply, without reasonable cause, with a direction given by—

5 · [43A. Power to impose penalty for non-furnishing of information on combination . — If any person or enterprise fails to give notice to the Commission under sub-section (2) or sub-section (4) of section 6 or contravenes sub -section (2A) of section 6 or submit information pursuant to an inquiry under sub -section (1) of section 20, the Commission may impose on such person or enterprise, a penalty which may extend to one per cent., of the total turnover or assets or the value of transaction referred to in clause (d) of section 5, whichever is higher, of such a combination:

44 · Penalty for making false statement or omission to furnish material information . — If any person, being a party to a combination,—

45 · Penalty for 7 [contraventions] in relation to furnishing of information . — 8 [(1) Without prejudice to the provisions of 9 [sub-section (6) of section 6 and] section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any information,—

1 · Ins. by Act 39 of 2007, s. 35 (w.e.f. 20-5-2009).

2 · Subs. by Act 9 of 2023, s. 28, for “under sections 27” (w.e.f. 10-9-2024).

3 · Subs. by Act 39 of 2007, s. 36, ibid., for section 43 (w.e.f. 20-5-2009).

4 · Subs. by Act 9 of 2023, s. 29, for “shall be punishable with fine” (w.e.f. 18-5-2023).

5 · Subs. by s. 30, ibid., for section 43A (w.e.f. 10-9-2024).

6 · Subs. by s. 31, ibid., for “rupees one crore” (w.e.f. 18-5-2023).

7 · Subs. by s. 32, ibid., for “offences” (w.e.f. 18-5-2023).

8 · Subs. by Act 39 of 2007, s. 38, for sub-section (1) (w.e.f. 20-5-2009).

9 · Ins. by Act 9 of 2023, s. 32 (w.e.f. 18-5-2023).

2 · [46. Power to impose lesser penalty . — (1) 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 violated section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as may be specified by regulations, than leviable under this Act or the rules or the regulations made under this Act:

47 · Crediting sums realised by way of penalties to Consolidated Fund of India . —A —All sums realised by way of penalties 3 [and recovery of legal costs by the Commission] under this Act shall be credited to the Consolidated Fund of India.

1 · Subs. by Act 9 of 2023 , s. 32, for "punishable with fine" (w.e.f. 18-5-2023).

2 · Subs. by s. 33, ibid, for section 46 (w.e.f. 20-2-2024).

3 · Ins. by s. 34 , ibid ., (w.e.f. 10-9-2024).

1 · [48. Contravention 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 thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be in contravention of this Act and unless otherwise provided in this Act, the Commission may impose such penalty on such persons, as it may deem fit which shall not be more than ten per cent. of the average of the income for the last three preceding financial years:

48A · Settlement. — (1) Any enterprise, against whom any inquiry has been initiated under sub -section (1) of section 26 for contravention of sub-section (4) of section 3 or section 4, may, for settlement of the proceeding initiated for the alleged contraventions, submit an application in writing to the Commission in such form and upon payment of such fee as may be specified by regulations.

1 · Subs. by Act 9 of 2023 , s. 35, for section 48 (w.e.f. 6-3-2024).

48B · Commitment. — (1) Any enterprise, against whom any inquiry has been initiated under subsection (1) of section 26 for contravention of sub-section (4) of section 3 or section 4, as the case may be, may submit an application in writing to the Commission, in such form and on payment of such fee as may be specified by regulations, offering commitments in respect of the alleged contraventions stated in the Commission's order under sub -section (1) of section 26.

48C · Revocation of the settlement or commitment order and penalty . — If an applicant fails to comply with the order passed under section 48A or section 48B or it comes to the notice of the Commission that the applicant has not made full and true disclosure or there has been a material change in the facts, the order passed under section 48A or section 48B, as the case may be, shall stand revoked and withdrawn and such enterprise shall be liable to pay legal costs incurred by the Commission which may extend to rupees one crore and the Commission may restore or initiate the inquiry in respect of which the order under section 48A or section 48B was passed.]

49 · Competition advocacy . — 1 [(1) The Central Government may, in formulating a policy on competition (including review of laws related to competition) or on any other matter, and a State Government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the Commission for its opinion on possible effect of such policy on competition and on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give its opinion to the Central Government, or the State Government, as the case may be, which may thereafter take further action as it deems fit.]

1 · Subs. by Act 39 of 2007, s. 40, for sub-section (1) (w.e.f. 12-10-2007).

50 · Grants 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 Government may think fit for being utilised for the purposes of this Act.

51 · Constitution of Fund . — (1) There shall be constituted a fund to be called the " Competition Fund " and there shall be credited thereto —

6 · [(e) all sums received by the Commission from such other sources as may be decided upon by the Government.]

52 · Accounts 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 by the Central Government in consultation with the Comptroller and Auditor-General of India.

1 · Ins. by Act 39 of 2007 , s. 40 , (w.e.f. 12-10-2007).

2 · The words “, as may be prescribed,” omitted by s. 40, ibid. (w.e.f. 12-10-2007).

3 · Ins. by Act 9 of 2023, s. 36 (w.e.f. 18-5-2023).

4 · Cl. (b) omitted by Act 39 of 2007, s. 41 (w.e.f. 12-10-2007).

5 · Subs. by s. 41, ibid., for “clauses (a) to (c)” (w.e.f. 12-10-2007).

6 · Ins. by Act 9 of 2023, s. 37 (w.e.f. 18-5-2023).

7 · Subs. by Act 39 of 2007, s. 42, for “Supreme Court” (w.e.f. 12-10-2007).

53 · Furnishing 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 direct, such returns and statements and such particulars in regard to any proposed or existing measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues, as the Central Government may, from time to time, require.

3 · [ 4 [53A. Appellate Tribunal.—The National Company Law Appellate Tribunal constituted under section 410 of the Companies Act, 2013 (18 of 2013) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall—

6 · 53B. Appeal to Appellate Tribunal . — (1) The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause (a) of section 53A may prefer an appeal to the Appellate Tribunal.

7 · [Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the Commission, shall be entertained by the Appellate Tribunal unless the appellant has deposited twenty-five per cent. of that amount in the manner as directed by the Appellate Tribunal.]

1 · Ins. by Act 39 of 2007 , s. 43, (w.e.f. 12-10-2007).

2 · Subs. by Act 7 of 2017, s. 171, for the heading (w.e.f. 26-5-2017).

3 · 12 -10 -2007, vide S.O. No. 1747(E), dated 12-10-2007.

4 · Subs. by Act 7 of 2017, s. 171, for section 53A (w.e.f. 26-5-2017).

5 · Subs. by Act 9 of 2023, s. 38, for “sub-sections (2) and (6) of section 26” (w.e.f. 10-9-2024).

6 · 20 -5 -2009, vide S.O. No 1242(E), dated 15-5-2009.

7 · Ins. by Act 9 of 2023, s. 39 (w.e.f. 18-5-2023).

1 · 53C. [Composition of Appellate Tribunal . ] Omitted by the Finance Act, 2017 (7 of 2017), s. 171 (w.e.f. 26-5-2017).

2 · 53D. [Qualifications for appointment of Chairperson and Members of Appellate Tribunal . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53E. [Selection Committee . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53F. [Term of office of Chairperson and Members of Appellate Tribunal . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53G. [Terms and conditions of service of Chairperson and Members of Appellate Tribunal . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53H. [Vacancies . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53 -I. [Resignation of Chairperson and Members of Appellate Tribunal . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53J. [Member of Appellate Tribunal to act as its Chairperson in certain cases . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53K. [Removal and suspension of Chairperson and Members of Appellate Tribunal . ] Omitted by s . 171, ibid. (w.e.f. 26-5-2017).

2 · 53L. [Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53M. [Staff of Appellate Tribunal . ] Omitted by s. 171, ibid. (w.e.f. 26-5-2017).

2 · 53N. Awarding compensation . — (1) Without prejudice to any other provisions contained in this Act, the Central Government or a State Government or a local authority or any enterprise or any person may make an application to the Appellate Tribunal to adjudicate on claim for compensation that may arise from the findings of the Commission or the orders of the Appellate Tribunal in an appeal against any findings of the Commission or under section 42A or 3 [under sub-section (2) of section 53Q or the orders of the Supreme Court in an appeal against the findings of the Appellate Tribunal under section 53T or an order for settlement passed under section 48A, and to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by the Central Government or a State Government or a local authority or any enterprise or any person as a result of any contravention of the provisions of Chapter II, having been committed by enterprise or as a result of order of settlement passed by the Commission] .

1 · 20 -12 -2007, vide S.O. No. 2167(E), dated 20-12-2007.

2 · 20 -5 -2009, vide S.O. No. 1242(E), dated 15-5-2009.

3 · Subs. by Act 9 of 2023, s. 40, for certain words (w.e.f. 6-3-2024).

4 · Ins. by s. 40 , ibid ., (w.e.f. 6-3-2024).

1 · 53 -O. Procedure and powers of Appellate Tribunal . — (1) The Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Appellate Tribunal shall have power to regulate its own procedure including the places at which they shall have their sittings.

1 · 53P. Execution of orders of Appellate Tribunal . — (1) Every order made by the Appellate Tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send, in case of its inability to execute such order, to the court within the local limits of whose jurisdiction,—

1 · 20 -5 -2009, vide S.O. No. 1242(E), dated 15-5-2009.

1 · 53Q. Contravention of orders of Appellate Tribunal . — 2 [(1) Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for contempt proceeding under section 53U.]

3 · 53R. [Vacancy in Appellate Tribunal not to invalidate acts or proceedings . ] Omitted by the Finance Act, 2017 (7 of 2017), s. 171, (w.e.f. 26-5-2017).

1 · 53 -S. Right to legal representation . — (1) A person preferring an appeal to the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal.

1 · 53T. Appeal to Supreme Court . — The Central Government or any State Government or the Commission or any statutory authority or any local authority or any enterprise or any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to them:

1 · 53U. Power to Punish for contempt . — The Appellate Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to modifications that,—

54 · Power 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 notification—

1 · 20 -5 -2009, vide S.O. No. 1242(E), dated 15-5-2009.

2 · Subs. by Act 9 of 2023, s. 41, for sub-section (1) (w.e.f. 18-5-2023).

3 · 20 -12 -2007, vide S.O. No. 2167(E), dated 20-12-2007.

55 · Power 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 this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:

56 · Power of Central Government to supersede Commission . — (1) If at any time the Central Government is of the opinion—

57 · Restriction on disclosure of information . —N —No information relating to any enterprise, being an information which has been obtained by or on behalf of 1 [the Commission or the Appellate Tribunal] for the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed otherwise than in compliance with or for the purposes of this Act or any other law for the time being in force.

2 · [58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants . — The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).]

59 · Protection of action taken in good faith . —N —No suit, prosecution or other legal proceedings shall lie against the Central Government or Commission or any officer of the Central Government or the Chairperson or any Member or the Director General, Additional, Joint, Deputy or Assistant Directors General or 3 [the Secretary or officers or other employees of the Commission or the Chairperson, Members, officers and other employees of the Appellate Tribunal] for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

4 · [59A. Compounding of certain offences . —N —Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment only or imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by the Appellate Tribunal or a court before which such proceeding is pending.]

60 · Act 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.

61 · Exclusion of jurisdiction of civil courts . —N —No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the 5 [Commission or the Appellate Tribunal] is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

62 · Application 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.

63 · Power to make rules . — (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

6 · [(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5;

7 · [ 8 [(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub -section (2) of section 9;]

1 · Subs. by Act 39 of 2007, s. 44, for “the Commission” (w.e.f. 12-10-2007).

2 · Subs. by s. 45, ibid ., for section 58 (w.e.f. 12-10-2007).

3 · Subs. by s. 46, ibid., for “Registrar or officers or other employees of the Commission” (w.e.f. 12-10-2007).

4 · Ins. by Act 9 of 2023, s. 42 (w.e.f. 18-5-2023).

5 · Subs. by Act 39 of 2007, s. 47, for “Commission” (w.e.f. 12-10-2007).

6 · Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).

7 · Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007).

8 · Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).

2 · [(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub -section (1A) of section 16;]

6 · [(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub -section (2) of section 53B and the fees payable in respect of such appeal;

8 · [(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]

9 · [(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;]

1 · Clause (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007)

2 · Ins. by s. 48 , ibid . (w.e.f. 12-10-2007).

3 · Subs. by s. 48, ibid., for “such other advisers, consultants or officers” (w.e.f. 12-10-2007).

4 · Subs. by s. 48, ibid., for “Registrar” (w.e.f. 12-10-2007).

5 · Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007).

6 · . Ins. by s. 48 , ibid . (w.e.f. 12-10-2007).

7 · Cls . (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017).

8 · Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).

9 · Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007).

64 · Power to make regulations . — (1) The Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.

1 · [(c) the manner of determination of substantial business operations in India under clause (d) of section 5;

2 · [(d) the procedures to be followed for engaging the experts and professionals under sub -section (3) of section 17;

3 · [(fa) other details to be indicated in the show-cause notice under sub-section (9) of section 26;

4 · [(ga) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider under sub -section (1) of section 46;

1 · Subs. by Act 9 of 2023, s. 44, for clause (c) (w.e.f. 18-5-2023).

2 · Subs. by Act 39 of 2007, s. 49 , for clauses (d) and (e) (w.e.f. 12-10-2007).

3 · Ins. by Act 9 of 2023, s. 44 (w.e.f. 18-5-2023).

4 · Ins. by s. 44 , ibid ., (w.e.f. 18-5-2023).

1 · [64A. Process of issuing regulations.—The Commission shall ensure transparency while making regulations under section 64, by—

64B · Commission to issue guidelines.— (1) The Commission may publish guidelines on the provisions of this Act or the rules and regulations made thereunder either on a request made by a person or on its own motion.

65 · Power 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 such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty:

1 · Ins. by Act 9 of 2023 , s. 45 , (w.e.f. 18-5-2023).

66 · Repeal and saving . — 1 [(1) The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission established under sub -section (1) of section 5 of the said Act (hereafter referred to as the repealed Act) shall stand dissolved .

3 · [Provided further that the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission, shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government , with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices Commission had not been transferred to, and vested in, the Competition Commission of India or the Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Competition Commission of India or the Appellate Tribunal, as the case may be:]

1 · Subs. by Act 39 of 2007, s. 50, for sub-section (1) (w.e.f. 1-9-2009).

2 · The proviso and the Explanation omitted by Act 39 of 2009, s. 2 (w.e.f. 14-10-2009).

3 · Subs. by Act 39 of 2007, s. 50, for the second proviso (w.e.f. 1-9-2009).

4 · [(3) All cases pertaining to monopolistic trade practices or restrictive trade practices pending (including such cases, in which any unfair trade practice has also been alleged), before the Monopolies and Restrictive Trade Practices Commission shall, 5 [on the commencement of the Competition Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.]

6 · [Explanation . — For the removal of doubts, it is hereby declared that all cases referred to in this sub -section, sub -section (4) and sub-section (5) shall be deemed to include all applications made for the losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act,1969 (54 of 1969) as it stood before its repeal.]

8 · [Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub -section, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.]

1 · Subs. by Act 39 of 2007 , s. 50, for "the Central Government" (w.e.f. 1-9-2009).

2 · Subs. by s. 50, ibid., for “the Central Government shall, out of the monies standing” (w.e.f. 1-9-2009).

3 · Subs. by s. 50, ibid., for certain words (w.e.f. 1-9-2009).

4 · Subs. by s. 50, ibid ., for sub -section (3) (w.e.f. 1-9-2009).

5 · . Subs. by Act 39 of 2009, s. 2, for "after the expiry of two years referred to in the proviso to sub-section (1)" (w.e.f. 14-10-2009).

6 · Ins. by s. 2, ibid. (w.e.f. 14-10-2009).

7 · . Subs. by Act 39 of 2009 , s. 2, for "on or before the expiry of two years referred to in the proviso to sub-section (1)" (w.e.f. 14-10-2009).

8 · . Ins . by s. 2 , ibid . (14-10-2009).

1 · [(5) All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission shall, 2 [on the commencement of the Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.]

3 · [Provided that all investigations or proceedings, relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit.]

1 · Subs. by Act 39 of 2007, s. 50, for sub-section (5) (w.e.f. 1-9-2009).

2 · . Subs. by s. 2, ibid ., for certain words (14-10-2009).

3 · . Ins. by s. 2 , ibid . (w.e.f. 14-10-2009).

Subordinates (62)

tfaxzt tio ste Yrio-33004/99

Type: notifications · UID: 00e05bfbd6107fcc3fbc8dacb79f57e2a705ac87 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Notification GSR 757(E)

Type: notifications · UID: 016a51095b06556996d45965db5f8da8a1e629c0 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: ae24585d848d98775d7304de29591c3625a129ad · UID: 0351411306454d1925599f9163a157225ce7af26 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Notification S.O. 1200E)

Type: notifications · UID: 0686e18f5ab8ba3376a7ef8944326d5b3612cc55 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: c067506f44f2c0e289d69ac6c4a253bda601293a · UID: 19e54b63fa242415df5d90ecb3a0bc8e1194bd1e · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

iffri II --M -Mug 3-3IT-131n (i)

Type: 59ba99d6bff2d383035422cd7d8deb5f7f3ddf8d · UID: 1b071c3faf41be10fa0c1bde2eb1d6c83414bcb3 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

INVrnNG APPLICATIONS FOR FILLING UP THE ONE POST OF MEMBER IN THE COMPETITION COMMISSION OF INDIA.

Type: 2e3924d239b72e447738a09b836254451bb79baf · UID: 1b4c6ba6f239c8c7793833b8883b06d875480019 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA,

Type: notifications · UID: 22e7419758bcdcb0d29d3df879851ad0bec6215b · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

INVITING APPLICATIONS FOR FILLING UP THE ONE POST OF MEMBER IN THE COMPETITION COMMISSION OF INDIA:

Type: circulars · UID: 2e3924d239b72e447738a09b836254451bb79baf · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: bfd6cffac23650059c633d543848052848b1259b · UID: 2ebafb30803af32770417da43e12d7bc68ebce7c · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 3081ec330d2aff83b2e812ebf2b27963dd4bc626 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

7finZ #o &fo Vao-33004/99

Type: regulations · UID: 30ffbda6dfa40b6cae4d5cba9df2ddbe5d919637 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

I am directed to forward herewith a copy of the following Notifications published in the Gazette of India for your information and necessary

Type: 773ba5ae5da3da0c6a2292c5b124520c46f68ab2 · UID: 32434d0e2d40199ac6c0b5f9cfff1f2a8f9a473d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

General Circular No: 21/2003

Type: circulars · UID: 354437680210e3fda8f8c4347155eeaef7a5443f · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 3e0425c6e0f1dbdfed50e33c9dfc4ac217718780 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA , PART -II , SECTION 3 , SUB -SECTION (i) , EXTRAORDINARY DATED 04 . 04 . 2003

Type: 22e7419758bcdcb0d29d3df879851ad0bec6215b · UID: 41acc3e68d8fe5b668e6d9d6d899d1b738d653ed · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 42a769c06a5c23c7a0b82180f7949ad88c6b5190 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA PART-II , SECTION 3 , SUB-SECTION (ii) , EXTRAORDINARY ON 19 . 06 . 2003

Type: 77d126ffea3b1d08ded66ef062e12c8a238df5ca · UID: 457ebda10941ec14dd134dd2b6ca9a876cd6c97f · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

^ fe#, 27 5^^ , 2009

Type: 00e05bfbd6107fcc3fbc8dacb79f57e2a705ac87 · UID: 4826f656a928433681a77b861be4f3f56fa556d9 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 4e974eabdaeb2c4c0f5afc65e0226fe2f014bc91 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Secretaries of all Ministries/Departments India.

Type: 52de3d57e1958db1b141eef90842a1fff34e7c04 · UID: 4f1f5af9624c416da2e5db8d968034b557cbbc60 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

File No . Compo 05/1/2018 . Comp MCA. GOVERNEMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS

Type: de397b3535dd1ec3ccf3ff40ee24672a9373ecb0 · UID: 50ac3a59fd0e4b8f75e4de41688b5a74b236e979 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

No.Comp-05/9/2018-Comp-MCA Government of India Ministry of Corporate Affairs

Type: circulars · UID: 522d5a7af3163e1a1fd7c883bee8752373cf53d7 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Telefax 2338 7939

Type: circulars · UID: 52de3d57e1958db1b141eef90842a1fff34e7c04 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 8d69b2701e5637640556e6ad884b2690604dd2d8 · UID: 58e945b337778a24724fc57726d65dc4d3151d1b · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

ainztrp E19 Qvp-33004/99

Type: notifications · UID: 59ba99d6bff2d383035422cd7d8deb5f7f3ddf8d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 5a1e628f43f3136880a52faf2be28b69066e59be · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGD.NO.D.L.-33004/99

Type: unknown · UID: 602ef1bca71acd31a4573a4d3884ba4a0f645e0a · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

REGD. NO. .L-33004/99

Type: unknown · UID: 60ab8a0ebe45d718d5448cb42233cec1efbc883d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

rijz ro Sto U7o-33004/99

Type: regulations · UID: 63870543c26b4a6c679edd516792b57b1bed02d9 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 6c87c54ebe468818bc4b998cdbda4057a9fabd5e · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 42a769c06a5c23c7a0b82180f7949ad88c6b5190 · UID: 7569f7e7d51c88fd55bcc410b295b61b972d524c · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

General Circular No: 30/2003

Type: circulars · UID: 773ba5ae5da3da0c6a2292c5b124520c46f68ab2 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

TO BE PUBLISHED IN THE GAZETTE OF INDIA

Type: notifications · UID: 77d126ffea3b1d08ded66ef062e12c8a238df5ca · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Ms . Sangeeta Verma , D-6 , Tower 8 , New Moti Bagh , New Delhi --110 023 .

Type: 522d5a7af3163e1a1fd7c883bee8752373cf53d7 · UID: 7cc43870646c8fc961f4d08746fb32750a788559 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

viFZ} ro Sto do-33004/99

Type: regulations · UID: 89a811c51e6c9e693d914af4799b5cae30e9e4ae · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Notification S.O. 1199(E)

Type: notifications · UID: 8cee4c1a65206a4d546184c73b0b3492ad3c1020 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: 8d69b2701e5637640556e6ad884b2690604dd2d8 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

7enzi 7o Zto Vo-33004/99

Type: regulations · UID: 8d6be44e62af08f7729b2e6d78886964d1c9bf17 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA PART-II , SECTION 3 , SUB-SECTION (ii) , EXTRAORDINARY

Type: 0686e18f5ab8ba3376a7ef8944326d5b3612cc55 · UID: 8f4c852afdbf08ce7870ad762bf2cebbd92ae7e8 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 6c87c54ebe468818bc4b998cdbda4057a9fabd5e · UID: 9b996a903a3bad9d8a4aaa1eb990275df8f39e96 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 3081ec330d2aff83b2e812ebf2b27963dd4bc626 · UID: a5f6bbfc69ac5c91409093a68ba8f0059c5e9c0d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 3e0425c6e0f1dbdfed50e33c9dfc4ac217718780 · UID: aa70dc883ffcc86b4be92fc43522ff47d67ed8b3 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA PART-II , SECTION 3 , SUB-SECTION (ii) , EXTRAORDINARY

Type: 8cee4c1a65206a4d546184c73b0b3492ad3c1020 · UID: ac417c7f591026636f065a0a63f330292f5d5489 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: ae24585d848d98775d7304de29591c3625a129ad · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

tfonzt ro €to Tro-33004/99

Type: regulations · UID: ae509a41f5f87868449229dab8fabb0bfb5c7c00 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 4e974eabdaeb2c4c0f5afc65e0226fe2f014bc91 · UID: af9bfd583f277cb00899dfc112c42ddc065efcff · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: 5a1e628f43f3136880a52faf2be28b69066e59be · UID: b13d4209f54d9bcdec43feeff4f54065faf38a8a · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

I am directed to forward herewith a copy of the following Notification published in the Gazette of India for your information and necessary

Type: 354437680210e3fda8f8c4347155eeaef7a5443f · UID: b3a05ce106bb6f1a80f96a70c16ef1665083f634 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

PUBLISHED IN THE GAZETTE OF INDIA PART-II , SECTION 3 , SUB-SECTION (ii) , EXTRAORDINARY

Type: b9717038d70cfe59638f1386df96d68454fb9f0f · UID: b3ba34f945353110ff8d4943473e86ab93b657f5 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Notification S.O. 1198(E)

Type: notifications · UID: b9717038d70cfe59638f1386df96d68454fb9f0f · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II , SECTION 3 (i) OF THE GAZETTE OF INDIA (EXTRAORDINARY)]

Type: 016a51095b06556996d45965db5f8da8a1e629c0 · UID: bd5a8caf3cbd46bb12d63dd2fafd554e1eddcf8f · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

[PUBLISHED IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]

Type: rules · UID: bfd6cffac23650059c633d543848052848b1259b · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Notification G.S.R 784(E)

Type: notifications · UID: c067506f44f2c0e289d69ac6c4a253bda601293a · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

7n 49 Qc7o-33004/99

Type: regulations · UID: cc09393188010ebf05bb9a56d87b6e700d4840d0 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

#axro #to Trta-33004/99

Type: regulations · UID: dbae902cf60150298cae008f966f77ca52c9dfd2 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

File No. Comp. 05/1/2018.Comp MCA: GOVERNEMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS

Type: circulars · UID: de397b3535dd1ec3ccf3ff40ee24672a9373ecb0 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

0 ofs oh! (376)2

Type: unknown · UID: e8c2c9f4c4d12db3345324b4476db2c0aeb02ed4 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

rfinz} ro €to Qao-33004/99

Type: regulations · UID: eeb910eba36ca5ee38c1f11b6d5aea215010125d · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

khicle 140 this shiel Prue

Type: unknown · UID: f0cec239c7eef99cd42d7545ea6a84ace30ac896 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

rrf} ro Sto Vo-33004/99

Type: regulations · UID: f5ebe6f6e002b63d886d4a1ced222762b4023342 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

tenzt 7io Sto Voo--33004/99

Type: regulations · UID: fb9f76f1c24d2c03cbc0834936348515fbc0c309 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF