Bare Act Search Results

Competition Act, 2002 Complete Act

State: Central

Year: 2002

.....includes a new article and "service" includes a new service; (c) "unit" or "division", in relation to an enterprise, includes - (i) a plant or factory established for the .production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes- (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; (j) "Member" means a Member of the Commission appointed under sub-section (1) of section 9-and includes the Chairperson; (k) "notification" means a notification published in the Official Gazette; (l) "person" includes - (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the.....

Competition Act, 2002 Chapter 4

Title: Duties, Powers and Functions of Commission

State: Central

Year: 2002

.....determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:-- (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition by hindering entry into the market; (d) accrual of benefits to consumers; (e) improvements in production or distribution of goods or provision of services; (f) promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. (4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section4, have due regard to all or any of the following factors, namely:-- (a) market share of the enterprise; (b) size and resources of the enterprise; (c) size and importance of the competitors; (d) economic power of the enterprise including commercial advantages over competitors; (e) vertical integration of the enterprises or sale or service network of such enterprises; (f) dependence of consumers on the enterprise; (g) monopoly or dominant position whether.....

Competition Act, 2002 Section 27

Title: Orders by Commission After Inquiry into Agreements or Abuse of Dominant Position

State: Central

Year: 2002

.....section, against such members of the group.]] __________________________________________ 1. Proviso substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to substitution it read as: "Provided that in case any agreement referred to in section 3has been entered into by any cartel, the Commission shall impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty equivalent to three times of the amount of profits made out of such agreement by the cartel or ten per cent, of the average of the turnover of the cartel for the last preceding three financial years, whichever is higher;" 2. Clause (c) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(c) award compensation to parties in accordance with the provisions contained in section 34;" 3. Clause (f) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(f) recommend to the Central Government for the division of an enterprise enjoying dominant position;" 4. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the word.....

Competition Act, 2002 Chapter 6

Title: Penalties

State: Central

Year: 2002

.....or furnishes any document which he knows or has reason to believe to be false in any material particular; or (b) omits to state any material fact knowing it to be material; or (c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, such person shall be punishable with fine which may extend to rupees one crore as may be determined by the Commission.] (2) Without prejudice to the provisions of sub-section(1), the Commission may also pass such other order as it deems fit. ___________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No 39 of 2007]. Prior to substitution it read as: "(1) Without prejudice to the provisions of section 44, if any person, who furnishes or is required to furnish under this Act any particulars, documents or any information,-- (a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or (b) omits to state any material fact knowing it to be material; or (c) willfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, the Commission shall.....

Competition Act, 2002 Section 46

Title: Power to Impose Lesser Penalty

State: Central

Year: 2002

.....is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as it may deem fit, than leviable under this Act or the rules or the regulations: 1[Provided that lesser penalty shall not be imposed by the Commission in cases where the report of investigation directed under section 26 has been received before making of such disclosure:] Provided further that lesser penalty shall be imposed by the Commission only in respect of a producer, seller, distributor, trader or service provider included in the cartel, who 2[has] made the full, true and vital disclosures under this section: 3[Provided also that lesser penalty shall not be imposed by the Commission if the person making the disclosure does not continue to cooperate with the Commission till the completion of the proceedings before the Commission.] Provided also that the Commission may, if it is satisfied that such producer, seller, distributor, trader or service provider included in the cartel had in the course of proceedings,-- (a) not complied with the condition on which the lesser penalty was imposed by the Commission; or (b) had given false evidence; or (c) the.....

Competition (Amendment) Act 2007 Section 20

Title: Amendment of Section 27

State: Central

Year: 2007

.....of the continuance of such agreement, whichever is higher."; (ii) clauses (c) and (f) shall be omitted; (iii) in clause (g), for the word "order", the words "order or issue such directions" shall be substituted; (iv) after clause (g), the following proviso shall be inserted, namely:-- "Provided that while passing orders under this section, if the Commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the Act is a member of a group as defined in clause (b) of the Explanation to section 5 of the Act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group."] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.

Competition Act, 2002 Chapter 1

Title: Preliminary

State: Central

Year: 2002

.....includes a new article and "service" includes a new service; (c) "unit" or "division", in relation to an enterprise, includes-- (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; 2 (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes-- (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; 1 (j) "Member" means a Member of the Commission appointed under sub-section (1) of section 8 and includes the Chairperson; 1 (k) "notification" means a notification published in the Official Gazette; 1 (l) "person" includes-- (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in.....

Competition Act, 2002 Section 2

Title: Definitions

State: Central

Year: 2002

.....includes a new article and "service" includes a new service; (c) "unit" or "division", in relation to an enterprise, includes-- (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; 2 (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes-- (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; 1 (j) "Member" means a Member of the Commission appointed under sub-section (1) of section 8 and includes the Chairperson; 1 (k) "notification" means a notification published in the Official Gazette; 1 (l) "person" includes-- (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in.....

Competition Act, 2002 Chapter 2

Title: Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations

State: Central

Year: 2002

.....of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 5 - Combination Regulation of combinations 5. Combination.-- The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if-- (a) any acquisition where-- (i) the parties to the acquisition, being the acquirer and the enterprise, whose control shares, voting rights or assets have been acquired or are being acquired jointly have,-- (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than.....

Competition Act, 2002 Section 3

Title: Prohibition of Agreements: Anti Competitive Agreements

State: Central

Year: 2002

..... (i) the right of any person to restrain any infringementof, or to impose reason­able conditions, as may be necessary for protecting anyof his rights which have been or may be conferred upon him under-- (a) the Copyright Act, 1957 (14 of 1957); (b) the Patents Act, 1970 (39 of 1970); (c) the Trade and Merchandise Marks Act, 1958 (43 of 1958)or the Trade Marks Act, 1999 (47 of 1999); (d) the Geographical Indications of Goods (Registrationand Protection)Act, 1999(48 of 1999), (e) the Designs Act, 2000 (16 of 2000); (f) the Semi-conductor Integrated Circuits Layout-DesignAct, 2000 (37 of 2000); (ii) the right of any person to export goods from India tothe extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for suchexport.] _________________________ 1. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.