Section 26:
Procedure for inquiry under section 19.
1[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:
Provided that if the subject matter of an information received is, in the opinion of the Commission,
substantially the same as or has been covered by any previous information received, then the new
information may be clubbed with the previous information.
(2) Where on receipt of a reference from the Central Government or a State Government or a
statutory authority or information received under section 19, the Commission is of the opinion that there
exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit 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.
2[(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) The Director General shall, on receipt of direction under sub-section (1), submit a report on his
findings within such period as may be specified by the Commission.
2[(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.
(3B) The Director General shall, on receipt of direction under sub-section (3A), investigate the matter
and submit a supplementary report on his findings within such period as may be specified by the
Commission.]
(4) The Commission may forward a copy of the report referred to in 3[sub-section (3) and (3B)] to the
parties concerned:
Provided that in case the investigation is caused to be made based on reference received from the
Central Government or the State Government or the statutory authority, the Commission shall forward a
copy of the report referred to in 3[sub-section (3) and (3B)] to the Central Government or the State
Government or the statutory authority, as the case may be.
(5) If the report of the Director General referred to in 3[sub-section (3) and (3B)] recommends that
there is no contravention of the provisions of this Act, the Commission shall invite objections or
suggestions from the Central Government or the State Government or the statutory authority or the parties
concerned, as the case may be, on such report of the Director General.
(6) If, after consideration of the objections or suggestions referred to in sub-section (5), if any, the
Commission agrees with the recommendation of the Director General, it shall close the matter forthwith
and pass such orders as it deems fit and communicate its order to the Central Government or the State
Government or the statutory authority or the parties concerned, as the case may be.
(7) If, after consideration of the objections or suggestions referred to in sub-section (5), if any, the
Commission is of the opinion that further investigation is called for, it may direct further investigation in
the matter by the Director General or cause further inquiry to be made in the matter or itself proceed with
further inquiry in the matter in accordance with the provisions of this Act.
(8) If the report of the Director General referred to in 3[sub-section (3) and (3B)] recommends that
there is contravention of any of the provisions of this Act, and the Commission is of the opinion that
further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of
this Act.]
Notes:
1. Subs. by Act 39 of 2007, s. 19, for section 26 (w.e.f. 20-5-2009).2. Ins. by Act 9 of 2023, s. 19 (w.e.f. 18-5-2023).
3. Subs. by s. 19, ibid., for bqtssub-section (3)bqts (w.e.f. 18-5-2023).