COMPETITION ACT, 2002 (Principles and Practices) 2019 by Professor (Dr.) V.K. AGARWAL

Part I

INTRODUCTION

Part II

THE COMPETITION ACT, 2002

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

Prohibition of abuse of dominant position

4. Abuse of dominant position

Regulation of combinations

5. Combination

6. Regulation of combinations

Chapter III

Competition Commission of India

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 in certain cases

13. Administrative powers of Chairperson

14. Salary and allowances and other terms and conditions of services 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

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

21A. Reference by Commission

22. Meetings of Commission

23. Distribution of business amongst Commission and Benches

24. Procedure for deciding a case where Members of a Bench differ in opinion

25. Jurisdiction of Bench

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. Procedure in case of notice 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. 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 imposing monetary penalty

40. Appeal

Chapter V

Duties of Director General

41. Director General to investigate contraventions

Chapter VI

Penalties

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 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 VIIIA

Appellate Tribunal

53A. 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

53-I. 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

53-O. Procedure 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

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. 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

Part III

ACTS, RULES, REGULATIONS

1 The Competition Commission of India (General) Regulations, 2009

2 The Competition Commission of India (Determination of Cost of Production) Regulations, 2009

3 The Competition Commission of India (Lesser Penalty) Regulations, 2009

4 The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009

5 The Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009

6 The Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011

7 The Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011

8 Notifications issued under Competition Act

9 The Competition Commission of India (Competition Assessment of Economic Legislations and Policies) Guidelines, 2016

10 The Competition Appellate Tribunal (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008

11 The Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation Applications) Rules, 2009

12 The Competition Appellate Tribunal (Recruitment, Salaries and Other Terms and Conditions of Service of Officers and Other Employees) Rules, 2010

13 The Competition Commission of India (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003

14 The Competition Commission of India (Oath of Office and of Secrecy for Chairperson and Other Members) Rules, 2003

15 The Competition Commission of India (Selection of Chairperson and Other Members of the Commission) Rules, 2003

16 The Competition Commission of India (Return on Measures for the Promotion of Competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008

17 The Competition Commission of India (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008

18 The Competition Commission of India (Salary, Allowances, Other Terms and Conditions of Service of the Secretary and Officers and Other Employees of the Commission and the Number of Such Officers and Other Employees) Rules, 2009

19 The Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General Other Officers and Employees, their Manner of Appointment, Qualification, Salary, Allowances and Other Terms and Conditions of Service) Rules, 2009

20 Competition Commission of India (Director General) Recruitment Rules, 2009

21 The Competition Commission of India (Form and Time of Preparation of Annual Report) Rules, 2008

22 The Competition Commission of India (Form of Annual Statement of Accounts) Rules, 2009

23 Checklist for Appeals under Competition Act, 2002 to National Company Law Appellate Tribunal

24 Relevant Provisions of Finance Act, 2017

25 Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017

Part IV

COMMITTEE REPORTS

1. Relevant Extracts from the Report of the Parliamentary Standing Committee

2. Report of the High Level Committee on Competition Policy and Law

SUBJECT INDEX