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THE COMPETITION ACT, 2002

ACT NO. 12 OF 2003 · Enacted [13th January, 2003.] · 90 sections

PRELIMINARY

Section 1.Short title, extent and commencement.
Section 2.Definitions.

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS — Prohibition of agreements

Section 3.Anti-competitive agreements.

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS — Prohibition of abuse of dominant position

Section 4.Abuse of dominant position.

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS — Regulation of combinations

Section 5.Combination.
Section 6.Regulation of combinations.

COMPETITION COMMISSION OF INDIA

Section 7.Establishment of Commission.
Section 8.Composition of Commission.
Section 9.Selection Committee for Chairperson and Members of Commission.
Section 10.Term of office of Chairperson and other Members.
Section 11.Resignation, removal and suspension of Chairperson and other Members.
Section 12.Restriction on employment of Chairperson and other Members in certain cases.
Section 13.Administrative powers of Chairperson.
Section 14.Salary and allowances and other terms and conditions of service of Chairperson and other Members.
Section 15.Vacancy, etc., not to invalidate proceedings of Commission.
Section 16.Appointment of Director General, etc.
Section 17.Appointment of Secretary, experts, professionals and officers and other employees of Commission.

DUTIES, POWERS AND FUNCTIONS OF COMMISSION

Section 18.Duties of Commission.
Section 19.Inquiry into certain agreements and dominant position of enterprise.
Section 20.Inquiry into combination by commission.
Section 21.Reference by statutory authority.
Section 21A.Reference by Commission.
Section 22.Meetings of Commission.
Section 23.[Omitted.]
Section 24.[Omitted.]
Section 25.[Omitted.]
Section 26.Procedure for inquiry under section 19.
Section 27.Orders by Commission after inquiry into agreements or abuse of dominant position.
Section 28.Division of enterprise enjoying dominant position.
Section 29.Procedure for investigation of combinations.
Section 30.Inquiry into disclosures under sub-section (2) of section 6.
Section 31.Orders of Commission on certain combinations.
Section 32.Acts taking place outside India but having an effect on competition in India.
Section 33.Power to issue interim orders.
Section 34.[Omitted.]
Section 35.Appearance before Commission.
Section 36.Power of Commission to regulate its own procedure.
Section 37.[Omitted.]
Section 38.Rectification of orders.
Section 39.Execution of orders of Commission imposing monetary penalty.
Section 40.[Omitted.]

DUTIES OF DIRECTOR GENERAL

Section 41.Director General to investigate contraventions.

PENALTIES

Section 42.Contravention of orders of Commission.
Section 42A.Compensation in case of contravention of orders of Commission.
Section 43.Penalty for failure to comply with directions of Commission and Director General.
Section 43A.Power to impose penalty for non-furnishing of information on combinations.
Section 44.Penalty for making false statement or omission to furnish material information.
Section 45.Penalty for offences in relation to furnishing of information.
Section 46.Power to impose lesser penalty.
Section 47.Crediting sums realised by way of penalties to Consolidated Fund of India.
Section 48.Contravention by companies.

COMPETITION ADVOCACY

Section 49.Competition advocacy.

FINANCE, ACCOUNTS AND AUDIT

Section 50.Grants by Central Government.
Section 51.Constitution of Fund.
Section 52.Accounts and audit.
Section 53.Furnishing of returns, etc., to Central Government.

APPELLATE TRIBUNAL

Section 53-I.[Omitted.]
Section 53-O.Procedure and powers of Appellate Tribunal.
Section 53-S.Right to legal representation.
Section 53A.Appellate Tribunal.
Section 53B.Appeal to Appellate Tribunal.
Section 53C.[Omitted.]
Section 53D.[Omitted.]
Section 53E.[Omitted.]
Section 53F.[Omitted.]
Section 53G.[Omitted.]
Section 53H.[Omitted.]
Section 53J.[Omitted.]
Section 53K.[Omitted.]
Section 53L.[Omitted.]
Section 53M.[Omitted.]
Section 53N.Awarding compensation.
Section 53P.Execution of orders of Appellate Tribunal.
Section 53Q.Contravention of orders of Appellate Tribunal.
Section 53R.[Omitted.]
Section 53T.Appeal to Supreme Court.
Section 53U.Power to Punish for contempt.

MISCELLANEOUS

Section 54.Power to exempt.
Section 55.Power of Central Government to issue directions.
Section 56.Power of Central Government to supersede Commission.
Section 57.Restriction on disclosure of information.
Section 58.Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants.
Section 59.Protection of action taken in good faith.
Section 60.Act to have overriding effect.
Section 61.Exclusion of jurisdiction of civil courts.
Section 62.Application of other laws not barred.
Section 63.Power to make rules.
Section 64.Power to make regulations.
Section 65.Power to remove difficulties.
Section 66.Repeal and saving.