THE COMPETITION ACT, 2002. ACT NO. 12 OF 2003, 13th January, 2003.
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.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
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Sections | Particulars |
Chapter I | Preliminary |
1 | Short title, extent and commencement |
2 | Definitions |
Chapter II | Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations Prohibition of Agreements |
3 | Anti-competitive agreements |
4 | Abuse of dominant position |
5 | Combination |
6 | Regulation of combinations |
Chapter III | Competition Commission of India |
7 | Establishment of Commission |
8 | Composition of Commission |
9 | Selection of Chairperson and other Members |
10 | Term of office of Chairperson and other Members |
11 | Resignation, removal and suspension of Chairperson and other Members |
12 | Restriction on employment of Chairperson and other Members in certain cases |
13 | Financial and administrative powers of Member Administration |
14 | Salary and allowances and other terms and conditions of service of Chairperson and other Members |
15 | Vacancy, etc., not to invalidate proceedings of Commission |
16 | Appointment of Director-General, etc. |
17 | Registrar and officers and other employees of Commission |
Chapter IV | Duties, Powers and Functions of Commission |
18 | Duties of Commission |
19 | Inquiry into certain agreements and dominant position of enterprise |
20 | Inquiry into combination by Commission |
21 | Reference by statutory authority |
22 | Benches of Commission |
23 | Distribution of business of Commission amongst Benches |
24 | Procedure for deciding a case where Members of a Bench differ in opinion |
25 | Jurisdiction of Bench |
26 | Procedure for inquiry on complaints under section 19 |
27 | Orders by Commission after inquiry into agreements or abuse of dominant position |
28 | Division of enterprise enjoying dominant position |
29 | Procedure for investigation of combinations |
30 | Inquiry into disclosures under sub-section (2) of section 6 |
31 | Orders of Commission on certain combinations |
32 | Acts taking place outside India but having an effect on competition in India |
33 | Power to grant interim relief |
34 | Power to award compensation |
35 | Appearance before Commission |
36 | Power of Commission to regulate its own procedure |
37 | Review of orders of Commission |
38 | Rectification of orders |
39 | Execution of orders of Commission |
40 | Appeal |
Chapter V | Duties of Director General |
41 | Director |
Chapter VI | Penalties |
42 | Contravention of orders of Commission |
43 | Penalty for failure to comply with directions of Commission and Director-General. |
44 | Penalty for making false statement or omission to furnish material information |
45 | Penalty for offences in relation to furnishing of information |
46 | Power to impose lesser penalty |
47 | Crediting sums realised by way of penalties to Consolidated Fund of India |
48 | Contravention by companies |
Chapter VII | Competition Advocacy |
49 | Competition advocacy |
Chapter VIII | Finance, Accounts and Audit |
50 | Grants by Central Government |
51 | Constitution of Fund |
52 | Accounts and audit |
53 | Furnishing of returns, etc., to Central Government |
Chapter IX | Miscellaneous |
54 | Power to exempt |
55 | Power of Central Government to issue directions |
56 | Power of Central Government to supersede Commission |
57 | Restriction on disclosure of information |
58 | Members, Director General, Registrar, officers and other employees, etc., of Commission to be public servants |
59 | Protection of action taken in good faith |
60 | Act to have overriding effect |
61 | Exclusion of jurisdiction of civil courts |
62 | Application of other laws not barred |
63 | Power to make rules |
64 | Power to make regulations |
65 | Power to remove difficulties |
66 | Repeal and saving |