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The Competition Act, 2002

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The Competition Act, 2002

CONTENTS

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 combination
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 General to investigate contravention
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

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