Section List

12/2003 - The Competition Act, 2002 ▶

Act Number: 12

Act Name: The Competition Act, 2002

Year: 2003

Enactment Date: 2003-01-13

Long Title: 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.

Ministry: Ministry of Corporate Affairs

Department:

Section Number	Title	Actions
1	Short title, extent and commencement.
2	Definitions.
3	Anti-competitive agreements.
4	Abuse of dominant position.
5	Combination.
6	Regulation of combinations.
7	Establishment of Commission.
8	Composition of Commission.
9	Selection Committee for Chairperson and Members of Commission.
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.
13	Administrative powers of Chairperson.
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	Appointment of Secretary, experts, professionals and officers and other employees of Commission.
18	Duties and functions of Commission.
19	Inquiry into certain agreements and dominant position of enterprise.
20	Inquiry into combination by commission.
21	Reference by statutory authority.
21A	Reference by Commission.
22	Meetings of Commission.
23	Omitted.
24	Omitted.
25	Omitted.
26	Procedure for inquiry 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 issue interim orders.
34	Omitted.
35	Appearance before Commission
36	Power of Commission to regulate its own procedure.
37	Omitted.
38	Rectification of orders
39	Execution of orders of Commission imposing monetary penalty.
40	Omitted.
41	Director General to investigate contravention
42	Contravention of orders of Commission.
42A	Compensation in case of contravention of orders of Commission
43	Penalty for failure to comply with directions of Commission and Director General.
43A	Power to impose penalty for non-furnishing of information on combinations.
44	Penalty for making false statement or omission to furnish material information.
45	Penalty for contraventions 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.
49	Competition advocacy.
50	Grants by Central Government.
51	Constitution of Fund.
52	Accounts and audit.
53	Furnishing of returns, etc., to Central Government.
53A	Establishments of Appellate Tribunal
53B	Appeal to Appellate Tribunal.
53C	Composition of Appellate Tribunal
53D	Qualifications for appointment of Chairperson and Members of Appellate Tribunal.
53E	Selection Committee
53F	Term of office of Chairperson and Members of Appellate Tribunal
53G	Terms and conditions of service of Chairperson and Members of Appellate Tribunal.
53H	Vacancies.
53I	Resignation of Chairperson and Members of Appellate Tribunal
53J	Member of Appellate Tribunal to act as its Chairperson in certain cases.
53K	Removal and suspension of Chairperson and Members of Appellate Tribunal.
53L	Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases.
53M	Staff of Appellate Tribunal.
53N	Awarding compensation
53O	Procedures and powers of Appellate Tribunal.
53P	Execution of orders of Appellate Tribunal.
53Q	Contravention of orders of Appellate Tribunal.
53R	Vacancy in Appellate Tribunal not to invalidate acts or proceedings.
53S	Right to legal representation.
53T	Appeal to Supreme Court
53U	Power to Punish for contempt.
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	Chairperson, Members, Director General, Secretary, officers and other employees, etc., 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
59A	Compounding of certain offences.
64A	Process of issuing regulations.