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1 Short title, extent and commencement
1.1 Title of the Act
1.2 Preamble of the Act [Statement immediately after the title]
1.3 Preamble - Statement of object and reasons
1.4 Applicability of the Act [Section 1(2)]
1.5 Applicability of the Act - Interpretation
1.6 Interpretation - General Rules
1.7 Literal rule of interpretation
1.8 Ambiguity
1.9 Golden Rule
1.10 Mischief rule - (Heydon's rule)
1.11 Interpretative principles relating to Competition Law
1.12 Provision - Mandatory or directory
1.13 "May" - Enabling word
1.14 Shall-imports obligation
1.15 Public duty performance-provision is directory
1.16 Time frame for performance duty-directory
1.17 Prescription of time-frame for the act to be done
1.18 Negative words imperative
1.19 Strict interpretation
1.20 Penal provision - Strictly interpreted
1.21 Legal fictions - Strictly interpreted
1.22 Deeming provision - Strictly construed
1.23 Procedure being handmaid of administration of justice - Liberally interpreted
1.24 Proviso - Exception to main provision
1.25 Explanation
1.26 Exception
1.27 Clarificatory provision
1.28 Act coming into force [Section 1(3)]
1.29 Appointed day [Proviso to section 1(3)]
2 Definitions
2.1 Overview of section 2
2.2 Definition - Delimits the meaning
2.3 Acquisition [Section 2(a)]
2.4 Agreement [Section 2(b)]
2.5 Cartel [Section 2(c)]
2.6 Consumer [Section 2(f)]
2.7 Enterprise [Section 2(h)]
2.8 Definition - Goods [Section 2(i)]
2.9 Notification [Section 2(k)]
2.10 Person [Section 2(l)]
2.11 Practice [Section 2(m)]
2.12 Prescribed [Section 2(n)]
2.13 Price [Section 2(o)]
2.14 Public financial institution [Section 2(p)]
2.15 Regulations [Section 2(q)]
2.16 "Relevant market" [Section 2(r)]
2.17 Relevant product market [Section 2(t)]
2.18 Relevant geographic market [section 2(s)]
2.19 Service [Section 2(u)]
2.20 Shares [Section 2(v)]
2.21 Statutory Authority [Section 2(w)]
2.22 Trade [Section 2(x)]
2.23 Turnover [Section 2(y)]
2.24 Words not defined in the Act but defined in Companies Act [Section 2(z)]
2.25 Words and expressions not defined in the Act and also in the Companies Act
2.26 "A", "An", "The"
2.27 Any
2.28 "And" or "or"
2.29 "During" and "in all"
2.30 "In" and "within"
2.31 At any time
2.32 After
2.33 Where, when, if
2.34 "That is to say"
2.35 Etc.
2.36 In accordance with
2.37 In pursuance of
2.38 In addition to
2.39 In connection with
2.40 In writing
2.41 Otherwise
2.42 For the purposes of the Act
2.43 Under the law
2.44 According to law
2.45 Law for the time being in force—
2.46 Liable
2.47 Without prejudice
2.48 "So far as may be, apply"
2.49 Notwithstanding
2.50 Subject to
2.51 Subject to rules
2.52 Reasonable
2.53 Reasonable cause
2.54 Sufficient cause
2.55 Illustration - Content of section does not exhaust
2.56 Guidelines - Object and purpose
2.57 Having regard to
2.58 Record
2.59 Document
2.60 Computer-based record
2.61 With respect of
2.62 Under the Act
2.63 Finding
2.64 Order
3 Anti-competitive agreements
3.1 Overview of section 3
3.2 Anti-competitive agreements - Prohibition
3.3 Anti-competitive agreements - Horizontal and vertical
3.4 Anti-competitive agreement - Causes or likely to cause adverse effect on competition
3.5 Anti-competitive agreement - Appreciable adverse effect
3.6 Competition - Meaning
3.7 Anti-competitive agreement - Competition within India - Effects doctrine
3.8 Anti-competitive horizontal agreement - Void [Section 3(2)]
3.9 Some Agreements Presumed Anti-competitive [Section 3(3)]
3.10 Anti-competitive agreement - "In respect of" production, supply etc. of goods
3.11 Anti-competitive - Concerted practices
3.12 Anti-competitive - Decisions taken by association of enterprises
3.13 Cartel - Bad per se
3.14 Anti-competitive horizontal agreements - Per se void
3.15 Anti-competitive agreements - Agreements fixing prices [Section 3(3)(a)]
3.16 Anti-competitive agreements - Limiting and controlling production and investment [Section 3(3)(b)]
3.17 Market allocation and sharing [Section 3(3)(c)]
3.18 Bid rigging and collusive bidding [Section 3(3)(d)]
3.19 Anti-competition agreement - Per se rule not absolute joint ventures exception [Proviso to section 3(3)]
3.20 Anti-competitive vertical agreements - Unlawful [Section 3(4)]
3.21 Anti-competitive vertical agreements - Not per se void, but subject to rule of reason
3.22 Tie-in agreement [Section 3(4)(a)]
3.23 Exclusive supply agreement [Section 3(4)(b)]
3.24 Exclusive distribution agreement [Section 3(4)(c)]
3.25 Refusal to deal [Section 3(4)(d)]
3.26 Resale price maintenance agreement [Section 3(4)(e)]
3.27 Agreements - Intellectual property rights - Not anti-competitive [Section 3(5)(i)]
3.28 Copyright
3.29 Patent, design and trademarks - Commercial intangibles
3.30 Export of goods - Agreements are not anti-competitive [Section 3(5)(ii)]
4 Abuse of dominant position
4.1 Overview of section 4
4.2 Abuse of dominant position - Prohibition [Section 4(1)]
4.3 Dominant position - Meaning
4.4 Dominant position - Relevant market
4.5 Dominant position - Market power (Monopolistic competition)
4.6 Dominance (factors for determination)
4.7 Dominant position - Conduct of the enterprise [Section 4(2)]
4.8 Dominance position abuse - Prevention of, and not the dominance
4.9 Dominant position abuse - Deviation from "normal enterprise practices"
4.10 Dominant position abuse - Question of fact and degree
4.11 Dominant position abuse - Predatory behaviour and legitimate competition
4.12 Dominant position - Abuse on pricing - Unfair pricing and Predatory behaviour [Section 4(2)(a)]
4.13 Dominant position - Abuse on pricing - Discriminatory prices
4.14 Discriminatory prices - Rebates, discounts, etc.
4.15 Dominant position - Abuse - Discriminatory conditions
4.16 Dominant position - Abuse - Limiting or restricting production [Section 4(2)(b)]
4.17 Dominant position - Abuse - Practices resulting in denial of market access [Section 4(2)(c)]
4.18 Dominant position - Abuse - Supplementary obligations not connected with subject-matter of contract [Section 4(2)(d)]
4.19 Dominant position abuse - Entry into other relevant market [Section 4(2)(e)]
5 Combination
5.1 Overview of section 5
5.2 Combination - Defined [Section 5]
5.3 Combination - Acquisition [Section 5(a)]
5.4 Acquisition - Horizontal
5.5 Acquisition - Vertical
5.6 Acquisition - Conglomeration
5.7 Acquisition - Joint venture
5.8 Combination - Acquiring of control [Section 5(b)]
5.9 Control - Meaning
5.10 Combination - Merger and Amalgamation [Section 5(c)]
5.11 Combination Constitution - Requirements
5.12 Combination - Market dominance of a group in and outside India
5.13 Combination - Value of assets
6 Regulation of combinations
6.1 Overview of section 6
6.2 Combinations - Void [Section 6(1)]
6.3 Combination - Notification [Section 6(2) and Section 6(2A)]
6.4 Combination approval [Section 6(3)]
6.5 Combination - Exceptions - Financial Institution [Section 6(4) and 6(5)]
7 Establishment of Commission
7.1 Overview
7.2 Competition Commission of India - Establishment
8 Composition of Commission
8.1 Competition Commission of India and Appellate Tribunal - Composition
9 Selection Committee for Chairperson and Members of Commission
9.1 Competition Commission of India and Appellate Tribunal - Chairperson and other Members - Selection of
10. Term of office of Chairperson and other Members.
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.
11 Resignation, removal and suspension of Chairperson and other Members
11.1 Chairperson/Member - Resignation [Section 11(1)]
11.2 Chairperson/Members - Removal [Section 11(2) and 11(3)]
12 Restriction on employment of Chairperson and other Members in certain cases
12.1 Chairperson/Member - Restriction on appointment
16 Appointment of Director General, etc.
16.1 Director General - Appointment of
17 Appointment of Secretary, experts, professionals and officers and other employees of Commission
17.1 Secretary and other officers - Appointment of
18 Duties of Commission
18.1 Overview of section 18
18.2 Competition Commission of India - Duties
19 Inquiry into certain agreements and dominant position of enterprise
19.1 Overview of section 19
19.2 Competition Commission of India - Inquiry into agreement and dominant position [Section 19(1)]
19.3 Commission - Powers and functions [Section 19(2)]
19.4 Appreciable adverse effect on competition - Factors for determination [Section 19(3)]
19.5 Appreciable adverse effect on competition - Negative factors - Entry barriers
19.6 Appreciable adverse effect in competition - Positive factors - Benefits to customers
19.7 Abuse of dominant position - Factors for determination [Section 19(4)]
19.8 Enterprise powers of leverage on the market - Factors for determination
19.9 Characteristics of the market
19.10 Relevant market - Determination [Section 19(5)]
19.11 Relevant geographical market - Factors for determination [Section 19(6)]
19.12 Relevant product market - Factors for determination [Section 19(7)]
20 Inquiry into combination by Commission
20.1 Overview of section 20
20.2 Competition Commission of India - Inquiry into combination [Section 20(1) and (2)]
20.3 Central Government power to enhance or reduce value of assets [Section 20(3)]
20.4 Adverse effect on competition of a combination - Factors for determining [Section 20(4)]
21 Reference by statutory authority
21.1 Overview of section 21
21.2 Commission opinion on reference by statutory authority
21A Reference by Commission
21A.1 Overview of section 21A
21A.2 Statutory authority opinion on reference by Commission
22 Meetings of Commission
22.1 Overview of section 22
22.2 Commission meetings the quorum and decision
22.3 Regulations for meetings for transaction of business
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.
34. Power to award compensation.
37. Review of orders of Commission.
40. Appeal
26 Procedure for inquiry under section 19
26.1 Overview of section 26
26.2 Commission - Procedure for Inquiry - Anti-competitive agreements and abuse of dominance [Section 26(1) and (2)]
26.3 Procedure for scrutiny of information
26.4/5 Investigation by Director-General
26.6 Procedure for inquiry under section 26
26.7 Commission - Opinion that prima facie case exists
26.8 Commission - Direction to cause investigation to be made
26.9 Investigation - Nature of proceeding
26.10 Investigation - Audi alteram partem rule inapplicable
26.11 Director General submitting report [Section 26(3)]
26.12 Report forwarded to the concerned parties [Section 26(4)]
26.13 Report finding that no contravention [Section 26(5), 26(6) & 26(7)]
26.14 Report finding that there is contravention [Section 26(8)]
27 Orders by Commission after inquiry into agreements or abuse of dominant position
27.1 Overview of section 27
27.2 Commission - Order after inquiry into agreements or abuse of dominant position
27.3 Commission order - Remedial and not penal in character
27.4 Commission order - Discontinue and not to re-enter agreement or discontinue abuse of dominance [Section 27(a)]
27.5 Commission - Power to impose penalty for contravention [Section 27(b)]
27.6 Commission - Power to order modification of the agreement [Section 27(d)]
27.7 Commission - Power to direct compliance of other orders [Section 27(e)]
27.8 Commission - Power to pass any order [Section 27(g)]
28 Division of enterprise enjoying dominant position
28.1 Overview of section 28
28.2 Commission - Power to direct division of an enterprise [Section 28(1)]
28.3 Division of enterprise - Matters of the order [Section 28(2)]
28.4 Divestiture of enterprises
29 Procedure for investigation of combinations
29.2 Commission - Procedure for investigation of combinations
30 Procedure in case of notice under sub-section (2) of section 6
30.1 Overview of section 30
30.2 Procedure in case of notice for the proposed combination
31 Orders of Commission on certain combinations
31.1 Overview of section 31
31.2 Inquiry into the disclosure of details of the proposed combination and order thereon
31.3 Combination approval with modification
31.4 Combination ordered void - Is void ab initio for all purposes under any other law
32 Acts taking place outside India but having an effect on competition in India
32.1 Overview of section 32
32.2 Commission - Inquiry into acts taking place outside India
32.3 Anti-competitive act outside India
33 Power to issue interim orders
33.1 Overview of section 33
33.2 Commission - Power to grant interim relief
35 Appearance before Commission
35.1 Commission - Appearance
36 Power of Commission to regulate its own procedure
36.1 Overview of section 36
36.2 Commission and Appellate Tribunal - Power to regulate its own procedure
36.3 Commission, Appellate Tribunal - Powers as are vested in Civil Court under Code of Civil Procedure [Sections 36(2) and 53-O(2)]
36.4 Commission - Power to call upon experts [Section 36(3)]
36.5 Commission - Power to direct any person to produce before the Director General or the Secretary [Section 36(4)]
38 Rectification of orders
38.1 Overview of section 38
38.2 Commission - Rectification of order
39 Execution of orders of Commission imposing monetary penalty
39.1 Overview of section 39
39.2 Commission Order - Execution of
41 Director General to investigate contraventions
41.1 Overview of section 41
41.2 Director General to assist Commission in investigating contraventions.
41.3 Applicability of sections 240 and 240A of the Companies Act [Section 41(3)]
41.4 Production of documents and evidence
41.5 Books or papers relating to or of the enterprise - Preservation and production by partners
41.6 Non-production documents - Presumptions
41.7 Books, papers and information other than those of or relating to enterprise - Production by any entity
41.8 Previous approval of the Commission
41.9 Information and papers
41.10 Assistance which a person is reasonably able to give
41.11 Notes on examination used as evidenced
41.12 Evidence - Privilege of self-incriminating
41.13 Inspection conducted in private - Information disclosed not made public
41.14 Director General authorised to search and seizure
41.15 Director-General having reasonable ground to believe
41.16 Books and papers destroyed or altered
42 Contravention of orders of Commission
42.1 Overview of section 42
42.2 Penalties under the Competition Act
42.3 Penalty - Contravention of the order of Commission [Section 42]
42.4 Contravention - Meaning of
42.5 Contravention without any reasonable ground
42.6 Imposition of sentence
42.7 Punishment - Commensurate to offence
42.8 Cognizance of offence
42.9 Complaint, meaning and contents of
42A Compensation in case of contravention of orders of Commission
42A.1 Application for loss or damage under section 42A
42A.2 Award of compensation
42A.3 Compensation - Meaning of
42A.4 Compensation - Loss or damage attributable to anti-competitive behaviour
42A.5 Injury-in-fact and causation
42A.6 Competition Law injury
42A.7 More appropriate plaintiff
42A.8 Brunswick Corp. case
42A.9 Hanover Shoe Inc. case
42A.10 Compensation - Government as a sovereign is not but an enterprise entitled
42A.11 Compensation - Foreign nation is entitled
42A.12 Compensation - Injury arising not from the domestic effects of outside anti-competitive conduct
43 Penalty for failure to comply with directions of Commission and Director General
43.1 Overview of section 43
43.2 Penalty - For failure to comply with the directions of the Commission
43A Power to impose penalty for non-furnishing of information on combinations
43A.1 Overview of section 43A
43A.2 Penalty - Failure to give notice to the Commission
44 Penalty for making false statement or omission to furnish material information
44.1 Overview of section 44
44.2 Penalty - For making false statements or omission to furnish material information
44.3 Making a statement which is false in any material particulars
44.4 Omitting to state a material particular knowing it to be material
45 Penalty for offences in relation to furnishing of information
45.1 Overview of section 45
45.2 Penalty - For offences in relation to furnishing information [Section 45(1)]
45.3 Furnishing of information - Under the Act
45.4 Statement or document known or believed to be false [Section 45(1)(a)]
45.5 Omission to state material fact [Section 45(1)(b)]
45.6 Wilful alteration, suppression or destruction of a document [Section 45(1)(c)]
45.7 Offence relating to furnishing of information - Any order as the Commission deems fit [Section 45(2)]
46 Power to impose lesser penalty
46.1 Overview of section 46
46.2 Penalty - Lesser amount (Leniency provision)
46.3 Salient features of the leniency scheme
46.4 Leniency programme - Why necessary
46.5 Leniency programme - An incentive
46.6 Full and true disclosure
46.7 Disclosure vital
46.8 Full, true and vital disclosure "smoking gun"
46.9 Disclosure by the person who made true, full and vital disclosure
46.10 Grant of benefit discretionary
46.11 Grant of benefit - Conditions
46.12 Lesser penalty - Quantum
46.13 Leniency decision - Implementation
46.14 Amnesty provisions in other jurisdictions
47 Crediting sums realised by way of penalties to Consolidated Fund of India
47.1 Penalty - Crediting to Consolidated Fund of India
48 Contravention by companies
48.1 Overview of section 48
48.2 Contravention by companies
48.3 Person in charge of - Meaning
48.4 Person responsible to the company
48.5 Conniving officers are also liable [Section 48(2)]
49 Competition advocacy
49.1 Overview of section 49
49.2 Commission - Power to promote competition advocacy
49.3 Competition policy - Meaning
49.4 Competition advocacy
50 Grants by Central Government.
50.1 Overview of section 50
50.2 Grant to Commission for the purpose of the Act
51 Constitution of fund.
51.1 Overview of section 51
51.2 Competition Fund
52 Accounts and audit
52.1 Overview of section 52
52.2 Maintenance of accounts
52.3 Accounting - Meaning and object
52.4 Account books as may be prescribed
52.5 Books of account - Meaning
52.6 Accounting policies
52.7 Accrual system of accounting
52.8 Auditing of accounts [Section 52(2)]
52.9 Auditing by Comptroller and Auditor General of India - Rights, privileges and authority [Section 52(3)]
52.10 Audit Report placed before the House of Parliament [Section 52(4)]
53 Furnishing of returns, etc., to Central Government.
53.1 Overview of section 53
53.2 Central Government to be informed about measures for promotion of competition advocacy proposed or taken [Section 53(1)]
53.3 Annual return [Section 53(2)]
53.4 Report laying before House of Parliament [Section 53(3)]
53A Establishment of Appellate Tribunal
53A.1 Overview of section 53A
53A.2 Appellate Tribunal - Functions
53A.3 Appealable order
53A.4 "Any" read narrowly limited to the orders etc. expressly stated
53B Appeal to Appellate Tribunal.
53B.1 Overview of section 53B
53B.2 Appeal
53B.3 Appeal - Preferring
53B.4 Any person aggrieved
53B.5 Order or decision of the Commission
53B.6 Appeal filing - Time limit [Section 53B(2)]
53B.7 Appellate Tribunal - Power in regard to appeal
53B.8 Appellate Tribunal power to pass "such orders thereon as it thinks fit" [Section 53B(3)]
53B.9 Subject-matter of appeal
53B.10 Appellate Tribunal - Inherent powers
53B.11 Appellate Tribunal - Duty to give parties opportunity of being heard
53B.12 Appellate Tribunal - Power to confirm, modify or set aside the order appealed against
53B.13 Appellate Tribunal - Duty to send a copy of the order to the parties [Section 53B(4)]
53B.14 Appellate Tribunal - Disposal of appeal within six months [Section 53B(5)]
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.
53-O.1 Overview of section 53-O
53-O.2 Powers of the Appellate Tribunal
53-O.3 Appellate Tribunal - Power to revision [Section 53-O(f)]
53-O.4 Appellate Tribunal - Proceedings are judicial proceedings
53P Execution of orders of Appellate Tribunal.
53P.1 Overview of section 53P
53P.2 Appellate Tribunal - Order - Execution of
53P.3 Order of the Tribunal - Enforced as a decree
53Q. Contravention of orders of Appellate Tribunal.
53Q.1 Overview of section 53Q
53Q.2 Contravention of Appellate Orders - Punishable
53Q.3 Complaint by the Appellate Tribunal
53Q.4 Compensation for damages
53R Vacancy in Appellate Tribunal not to invalidate acts or proceedings.
53R.1 Overview of section 53R
53R.2 Vacancy or defect in constitution of Appellate Tribunal not to affect validity of proceedings
53S. Right to legal representation.
53S.1 Overview of section 53S
53S.2 Appearance before Appellate Tribunal
53T Appeal to Supreme Court.
53T.1 Overview of section 53T
53T.2 Appeal to Supreme Court
53T.3 Appeal to the Supreme Court - Question of Law
53U Power to punish for contempt.
53U.1 Overview of section 53U
53U.2 Appellate Tribunal - Power to punish for contempt
53U.3 Contempt of Court - Meaning
53U.4 Contempt Act, 1971 - Scheme and scope
53U.5 Contempt proceedings - Not criminal in nature
54 Power to exempt.
54.1 Overview of section 54
54.2 Government supervision and exemption for ensuring competition
54.3 Central Government - Power to exempt
54.4 Exemption in the interest of security or public interest
54.5 Exemption in accordance with international obligation
54.6 Exemption of an enterprise performing sovereign function of the Government
55 Power of Central Government to issue directions.
55.1 Overview of section 55
55.2 Central Government - Power to issue directions
56 Power of Central Government to supersede Commission.
56.1 Overview of section 56
56.2 Central Government - Power to supersede Commission
56.3 Commission - Supersession (effect of) and reconstitution
56.4 Commission - Report on supersession and reconstitution to be laid before Parliament
57. Restriction on disclosure of information.
57.1 Overview of section 57
57.2 Commission - Restriction on disclosure of information
57.3 Commission Regulations on confidentiality
58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants
58.1 Overview of section 58
58.2 Protection against criminal proceedings for acts done in the course of official duty
58.3 Acting or purporting to act in pursuance of any provision of the Act
58.4 In pursuance of the provisions of the Act
59. Protection of action taken in good faith.
59.1 Overview of section 59
59.2 Commission or Appellate Tribunal - Action taken in good faith protected
59.3 For any act done in good faith
59.4 Protection - Action done or intended to be done
60. Act to have overriding effect.
60.1 Overview of section 60
60.2 Competition Law - Overriding effect
61. Exclusion of jurisdiction of civil courts.
61.1 Overview of section 61
61.2 Appellate Tribunal and Commission Jurisdiction - Exclusion of jurisdiction of Civil Courts
61.3 Civil Court Jurisdiction - Commission or Tribunal order not final
62. Application of other laws not barred.
62.1 Overview of section 62
62.2 Other laws - Application not barred
63. Power to make rules.
63.1 Overview of section 63
63.2 Rules have the same effect as if enacted under the Act
63.3 Rules on specified matters
63.4 Laying before the Parliament [Section 63(3)]
64. Power to make regulations.
64.1 Overview of section 64
64.2 Regulations - Meaning
64.3 Regulations on specified matter [Section 64(2)]
64.4 Laying before the Parliament [Section 64(3)]
65. Power to remove difficulties.
65.1 Overview of section 65
65.2 Central Government - Power to remove difficulties
65.3 Power to remove difficulties is a residuary power
65.4 Laying before House of Parliament [Section 65(2)]
66. Repeal and saving.
66.1 Repeal and saving
66.2 Effect of repeal
66.3 Rights, obligations, liabilities under the repealed Act saved
66.4 MRTP Commission Staff [Section 66(2)]
66.5 Transfer of pending cases