THE COMPETITION (AMENDMENT) ACT, 2007 [Act No. 39 of 2007] [24th September, 2007] PREAMBLE An Act to amend the Competition Act, 2002. BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionIn section 2 of the Competition Act, 2002 (hereinafter referred to as the principal Act), after clause (b), the following clause shall be inserted, namely: -- '(ba) "Appellate Tribunal" means the Competition Appellate Tribunal established under sub-section (1) of section 53A.'.
View Complete Act List Judgments citing this section1[In section 4 of the principal Act,-- (i) for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) No enterprise or group shall abuse its dominant position."; (ii) in sub-section (2),-- (a) for the words, brackets and figure "under sub-section (1), if an enterprise", the words, brackets and figure "under sub-section (1), if an enterprise or a group" shall be substituted; (b) in clause (c), after the word "access", the words "in any manner" shall be inserted; (iii) after sub-section (2), in the Explanation, after clause (b), the following clause shall be inserted, namely:-- '(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.'.] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionIn section 5 of the principal Act, -- (i) in clause (a),--- (a) in sub-clause (i), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or"; (b) in sub-clause (ii), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or"; (ii) in clause (b),-- (a) in sub-clause (i), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen.....
View Complete Act List Judgments citing this sectionIn section 6 of the principal Act, in sub-section (2),-- (a) for the words "may, at his or its option,", the word "shall" shall be substituted; (b) for the words "seven days", the words "thirty days" shall be substituted; (c) after sub-section (2), the following sub-section shall be inserted, namely:-- "(2A) No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub-section (2) or the Commission has passed orders under section 31, whichever is earlier.".
View Complete Act List Judgments citing this sectionIn section 10 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely: -- "Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of sixty-five years.".
View Complete Act List Judgments citing this sectionIn section 12 of the principal Act, for the words "one year", the words "two years" shall be substituted.
View Complete Act List Judgments citing this section1[For section 13 of the principal Act, the following section shall be substituted, namely:-- "13. Administrative powers of Chairpersons-The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission: Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Commission, as he may think fit, to any other Member or officer of the Commission.".] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionFor section 17 of the principal Act, the following section shall be substituted, namely: -- "17. Appointment of Secretary, experts professionals and officers and other employees and other employees of Commission-(1) The Commission may appoint a Secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and 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 shall be such as may be prescribed. (3) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to competition, as it deems necessary to assist the Commission in the discharge of its functions under this Act.".
View Complete Act List Judgments citing this section1[In section 19 of the principal Act, in sub-section (1), in clause (a), for the words "receipt of a complaint,", the words "receipt of any information, in such manner and" shall be substituted.] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.
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