The Competition Act, 2002/
The Competition Act, 2002/
Universal Law Publishing
- New Delhi: Universal Law Publishing, 2010.
- 99 p.
THE COMPETITION ACT, 2002
2. • »
Introduction
CHAPTER I
PRELIMINARY
Sections ,
1. Short title, extent and commencement
Definitions
CHAPTER II .
PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF ' DOMINANT POSITION AND REGULATION OF
COMBINATIONS
Prohibition of agreements
Anti-competitive agreements
Prohibition of abuse of dominant position
Abuse of dominant position
Regulation of combinations
Combination
Regulation of combinations
CHAPTER III
COMPETITION COMMISSION OF INDIA
Establishment of Commission
Composition of Commission Selection Committee for Chairperson and Members of Commission Term of office of Chairperson and other Members Resignation, removal and suspension of Chairperson and
other Members Restriction on employment of Chairperson and other Members
in certain cases
Administrative powers of Chairperson Salary and allowances and other terms and conditions of service of Chairperson and other Members Vacancy, etc., not to invalidate proceedings of Commission Appointment of Director-General, etc. Appointment of Secretary, experts, professionals and officers and other employees of Commission
CHAPTER IV
DUTIES, POWERS AND FUNCTIONS OF COMMISSION
Duties of Commission Inquiry into certain agreements and dominant position of enterprise Inquiry into combination by Commission Reference by statutory authority Reference by Commission
Meetings of Commission
[Repenkd]
[Repealed]
[Repealed]
Procedure for inquiry under section 19 Orders by Commission after inquiry into agreements or abuse of dominant position Division of enterprise enjoying dominant position
Procedure for investigation of combinations Procedure in case of notice under sub-section (2) of section 6
Orders of Commission on certain combinations Acts taking place outside India but having an effect on competition in India
Power to issue interim orders
[Repealed] Appearance before Commi.ssion Power of Commission to regulate its own procedure
[Repealed]
Rectification of orders Execution of orders of Commission imposing monetary penalty [Repealed]
CHAPTER V
DUTIES OF DIRECTOR-GENERAL
Director General to investigate contraventions CHAPTER VI
PENALTIES
/ Contravention of orders of Commission Compensation in case of contravention of orders of Commissiori Penalty for failure to comply with directions of Commission and Direction General , , Power to impose penalty for nori-fumishing of information on combinations f t. Penalty for making false statement or omission to fumisli material information Penalty for offences in relation to furnishing of information Power to impose lesser penalty Crediting sums realised by way of penalties to Consolidated Fund of India Contravention by companies CHAPTER Vll COMPETITION ADVOCACY
Competition advocacy
• CHAPTER Vlll FINANCE, ACCOUNTS AND AUDIT
Grants by Central Government Constitution of Fund
>•
52. Accounts and audit
53. Furnishing of returns, etc., to Central Government
CHAPTER VIIIA
COMPETITION APPELLATE TRIBUNAL
53A. Establishment 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
53-1. 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 53-0. Procedure and Powers of Appellate Tribunal 53P. Execution of orders of Appellate Tribunal 53Q. Contravention of orders of Appellate Tribunal
53R. Vacancy tn 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 regulatioiis
65. Power to remove difficulties
66. Repeal and saving •' lU'
41
41
Rules
THE COMPETITION COMMISSION OF INDIA (SELECTION OF CHAIRPERSON AND OTHER MEMBERS OF THE COMMISSION) RULES, 2003
1. Short title and commencement
2. Definitions
3. Constitution of Committee
4. Functions of Committee 5. Vacancy, etc., not to invalidate proceedings of the Committee
THE COMPETITION COMMISSION OF INDIA (OATH OF OFFICE AND OF SECRECY FOR CHAIRPERSON AND OTHER MEMBERS) RULES, 2003
1. Short title and commencement
2. Definitions
3. Oath of office and of secrecy • •
THE SCHEDULE FORM I.— Fonn of oath of office for Chairperson/Members of the Competition Commission of India . . ■ FORM II.—Form of oath of secrecy for Chairperson/Members of the Competition Commission of India
THE COMPETITION COMMISSION OF INDIA (SALARY, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRPERSON AND OTHER MEMBERS) RULES, 2003
1. Short title and commencement 2. Definitions j
3. Pay 4. Contributory Provident Fimd
5. [Omitted]
6. Leave 7. Travelling and Daily Allowances Official visits abroad
Leave Travel Concession [Omitted] Facility for Medical Treatment Other Conditions of Service
.
THE COMPETITION COMMISSION OF INDIA (TERM OF THE SELECTION COMMIHEE AND THE MANNER OF SELECTION OF PANEL OF NAMES) RULES, 2008
1. Short title and coiiunencement
2. Definitions
3. Term of the Committee
4. Manner of Selection of a panel of names
5. Functions of Committee
THE COMPETITION APPELLATE TRIBUNAL (TERM OF THE SELECTION COMMITTEE AND THE MANNER OF SELECTION OF PANEL OF NAMES) RULES, 2008
1. Short title and commencement
2. Definitions
3. Term of the Committee
4. Manner of Selection of a Panel of Names
5. Functions of Committee
THE COMPETITION COMMISSION OF INDIA (RETURN ON
MEASURES FOR THE PROMOTION OF COMPETITION ADVOCACY, AWARENESS AND TRAINING ON COMPETITION ISSUES) RULES, 2008
1. Short title and commencement
2. Definitions * i 3. Preparation and furnishing of the Return on Measures . , . , .
SCHEDULE.—Form of the Return on Measures on Competition Advocacy and,Annexiues
THE COMPETITION COMMISSION OF INDIA (FORM AND TIME OF PREPARATION OF ANNUAL REPORT) RULES, 2008
1. Short title and commencement
2. Definitions •• • . • 3. Preparation and furnishing of the Annual Report
SCHEDULE.—Form of the Annual Report . .
THE COMPETITION APPELLATE TRIBUNAL (SALARIES
AND ALLOWANCES AND OTHER TERMS AND
CONDITIONS OF SERVICE OF THE CHAIRPERSON AND OTHER MEMBERS) RULES, 2009
1. Short title and commencement
2. Definitions
3. Salary, allowances, etc. of the Chairperson
4. Other conditions of service of Chairperson 5. Salary of Member
6. Deamess Allowance and other Allowances
7. Leave
8. Leave sanctioning authority
9. Pension
10. Travelling Allowance
11. Leave Travel Concession
12. Facilities of Medical Treatment
13. Transport T
14. Accommodation . •.
15. Official visits abroad
16. Applicability of rules
17. Oatlt of office and secrecy '
18. Declaration of financial or other interest
19. Residuary provisions
20. Powers to^elax
FORM I.— Form of Oath of Office for Chairperson or Members of the Competition Appellate Tribunal
FORM II.—Form of Oath of Secrecy for Chairperson or Members of the Competition Appellate Tribunal
FORM III.—Declaration against acquisition of any adverse financial
or otlier interest
THE COMPETITION COMMISSION OF INDIA (FORM OF ANNUAL STATEMENT OF ACCOUNTS) RULES, 2009
1. Short title and commencement
2. Definitions
3. Forms of Financial Statements 4. Incurring of Expenditure by the Commission
5. Annual Statement of Accounts
6. Maintenance of Accounts etc.
Form of Financial Statements Schedules forming part of balance sheet
SCHEDULE /.—Fund
SCHEDULE //.—Reserves and surplus SCHEDULE ///.—Earmarked/Endowment Funds SCHEDULE IV.—Secured loans and borrowings SCHEDULE V.—Unsecured loans and borrowings SCHEDULE VI.—Deferred credit liabilities SCHEDULE VII.—Current liabilities and provisions
SCHEDULE VII!.—Fixed asset SCHEDULE IX.—Investments from earmarked/endowment funds SCHEDULE X.—Investments—others SCHEDULE XI.—Curreat Assets, Loans, Advances etc. SCHEDULE X//.—Grants/subsidies
SCHEDULE X///.—Fees/subscriptions SCHEDULE X/V—Income from investments
SCHEDULE XV.—Income from royalty, publication etc.
SCHEDULE XV/.—Interest earned
SCHEDULE XVIL—Other income
SCHEDULE XV///.—Establishment expenses
SCHEDULE XIX.—Other administrative expenses
SCHEDULE XX.—Expenditure on grants, subsidies, etc.
SCHEDULE XX/.—Interest
SCHEDULE XXII.—^Significant accounting policies (Illustrative)
SCHEDULE XXIII.—Contingent liabilities and notes on accounts (Illustrative)
344.54 / UNI/G
THE COMPETITION ACT, 2002
2. • »
Introduction
CHAPTER I
PRELIMINARY
Sections ,
1. Short title, extent and commencement
Definitions
CHAPTER II .
PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF ' DOMINANT POSITION AND REGULATION OF
COMBINATIONS
Prohibition of agreements
Anti-competitive agreements
Prohibition of abuse of dominant position
Abuse of dominant position
Regulation of combinations
Combination
Regulation of combinations
CHAPTER III
COMPETITION COMMISSION OF INDIA
Establishment of Commission
Composition of Commission Selection Committee for Chairperson and Members of Commission Term of office of Chairperson and other Members Resignation, removal and suspension of Chairperson and
other Members Restriction on employment of Chairperson and other Members
in certain cases
Administrative powers of Chairperson Salary and allowances and other terms and conditions of service of Chairperson and other Members Vacancy, etc., not to invalidate proceedings of Commission Appointment of Director-General, etc. Appointment of Secretary, experts, professionals and officers and other employees of Commission
CHAPTER IV
DUTIES, POWERS AND FUNCTIONS OF COMMISSION
Duties of Commission Inquiry into certain agreements and dominant position of enterprise Inquiry into combination by Commission Reference by statutory authority Reference by Commission
Meetings of Commission
[Repenkd]
[Repealed]
[Repealed]
Procedure for inquiry under section 19 Orders by Commission after inquiry into agreements or abuse of dominant position Division of enterprise enjoying dominant position
Procedure for investigation of combinations Procedure in case of notice under sub-section (2) of section 6
Orders of Commission on certain combinations Acts taking place outside India but having an effect on competition in India
Power to issue interim orders
[Repealed] Appearance before Commi.ssion Power of Commission to regulate its own procedure
[Repealed]
Rectification of orders Execution of orders of Commission imposing monetary penalty [Repealed]
CHAPTER V
DUTIES OF DIRECTOR-GENERAL
Director General to investigate contraventions CHAPTER VI
PENALTIES
/ Contravention of orders of Commission Compensation in case of contravention of orders of Commissiori Penalty for failure to comply with directions of Commission and Direction General , , Power to impose penalty for nori-fumishing of information on combinations f t. Penalty for making false statement or omission to fumisli material information Penalty for offences in relation to furnishing of information Power to impose lesser penalty Crediting sums realised by way of penalties to Consolidated Fund of India Contravention by companies CHAPTER Vll COMPETITION ADVOCACY
Competition advocacy
• CHAPTER Vlll FINANCE, ACCOUNTS AND AUDIT
Grants by Central Government Constitution of Fund
>•
52. Accounts and audit
53. Furnishing of returns, etc., to Central Government
CHAPTER VIIIA
COMPETITION APPELLATE TRIBUNAL
53A. Establishment 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
53-1. 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 53-0. Procedure and Powers of Appellate Tribunal 53P. Execution of orders of Appellate Tribunal 53Q. Contravention of orders of Appellate Tribunal
53R. Vacancy tn 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 regulatioiis
65. Power to remove difficulties
66. Repeal and saving •' lU'
41
41
Rules
THE COMPETITION COMMISSION OF INDIA (SELECTION OF CHAIRPERSON AND OTHER MEMBERS OF THE COMMISSION) RULES, 2003
1. Short title and commencement
2. Definitions
3. Constitution of Committee
4. Functions of Committee 5. Vacancy, etc., not to invalidate proceedings of the Committee
THE COMPETITION COMMISSION OF INDIA (OATH OF OFFICE AND OF SECRECY FOR CHAIRPERSON AND OTHER MEMBERS) RULES, 2003
1. Short title and commencement
2. Definitions
3. Oath of office and of secrecy • •
THE SCHEDULE FORM I.— Fonn of oath of office for Chairperson/Members of the Competition Commission of India . . ■ FORM II.—Form of oath of secrecy for Chairperson/Members of the Competition Commission of India
THE COMPETITION COMMISSION OF INDIA (SALARY, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRPERSON AND OTHER MEMBERS) RULES, 2003
1. Short title and commencement 2. Definitions j
3. Pay 4. Contributory Provident Fimd
5. [Omitted]
6. Leave 7. Travelling and Daily Allowances Official visits abroad
Leave Travel Concession [Omitted] Facility for Medical Treatment Other Conditions of Service
.
THE COMPETITION COMMISSION OF INDIA (TERM OF THE SELECTION COMMIHEE AND THE MANNER OF SELECTION OF PANEL OF NAMES) RULES, 2008
1. Short title and coiiunencement
2. Definitions
3. Term of the Committee
4. Manner of Selection of a panel of names
5. Functions of Committee
THE COMPETITION APPELLATE TRIBUNAL (TERM OF THE SELECTION COMMITTEE AND THE MANNER OF SELECTION OF PANEL OF NAMES) RULES, 2008
1. Short title and commencement
2. Definitions
3. Term of the Committee
4. Manner of Selection of a Panel of Names
5. Functions of Committee
THE COMPETITION COMMISSION OF INDIA (RETURN ON
MEASURES FOR THE PROMOTION OF COMPETITION ADVOCACY, AWARENESS AND TRAINING ON COMPETITION ISSUES) RULES, 2008
1. Short title and commencement
2. Definitions * i 3. Preparation and furnishing of the Return on Measures . , . , .
SCHEDULE.—Form of the Return on Measures on Competition Advocacy and,Annexiues
THE COMPETITION COMMISSION OF INDIA (FORM AND TIME OF PREPARATION OF ANNUAL REPORT) RULES, 2008
1. Short title and commencement
2. Definitions •• • . • 3. Preparation and furnishing of the Annual Report
SCHEDULE.—Form of the Annual Report . .
THE COMPETITION APPELLATE TRIBUNAL (SALARIES
AND ALLOWANCES AND OTHER TERMS AND
CONDITIONS OF SERVICE OF THE CHAIRPERSON AND OTHER MEMBERS) RULES, 2009
1. Short title and commencement
2. Definitions
3. Salary, allowances, etc. of the Chairperson
4. Other conditions of service of Chairperson 5. Salary of Member
6. Deamess Allowance and other Allowances
7. Leave
8. Leave sanctioning authority
9. Pension
10. Travelling Allowance
11. Leave Travel Concession
12. Facilities of Medical Treatment
13. Transport T
14. Accommodation . •.
15. Official visits abroad
16. Applicability of rules
17. Oatlt of office and secrecy '
18. Declaration of financial or other interest
19. Residuary provisions
20. Powers to^elax
FORM I.— Form of Oath of Office for Chairperson or Members of the Competition Appellate Tribunal
FORM II.—Form of Oath of Secrecy for Chairperson or Members of the Competition Appellate Tribunal
FORM III.—Declaration against acquisition of any adverse financial
or otlier interest
THE COMPETITION COMMISSION OF INDIA (FORM OF ANNUAL STATEMENT OF ACCOUNTS) RULES, 2009
1. Short title and commencement
2. Definitions
3. Forms of Financial Statements 4. Incurring of Expenditure by the Commission
5. Annual Statement of Accounts
6. Maintenance of Accounts etc.
Form of Financial Statements Schedules forming part of balance sheet
SCHEDULE /.—Fund
SCHEDULE //.—Reserves and surplus SCHEDULE ///.—Earmarked/Endowment Funds SCHEDULE IV.—Secured loans and borrowings SCHEDULE V.—Unsecured loans and borrowings SCHEDULE VI.—Deferred credit liabilities SCHEDULE VII.—Current liabilities and provisions
SCHEDULE VII!.—Fixed asset SCHEDULE IX.—Investments from earmarked/endowment funds SCHEDULE X.—Investments—others SCHEDULE XI.—Curreat Assets, Loans, Advances etc. SCHEDULE X//.—Grants/subsidies
SCHEDULE X///.—Fees/subscriptions SCHEDULE X/V—Income from investments
SCHEDULE XV.—Income from royalty, publication etc.
SCHEDULE XV/.—Interest earned
SCHEDULE XVIL—Other income
SCHEDULE XV///.—Establishment expenses
SCHEDULE XIX.—Other administrative expenses
SCHEDULE XX.—Expenditure on grants, subsidies, etc.
SCHEDULE XX/.—Interest
SCHEDULE XXII.—^Significant accounting policies (Illustrative)
SCHEDULE XXIII.—Contingent liabilities and notes on accounts (Illustrative)
344.54 / UNI/G