Bare Act Search Results

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 4

Title: Prohibition of Abuse of Dominant Position: Abuse of Dominant Position

State: Central

Year: 2002

.....provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. 3[(c) "group" shall have the same meaning as assigned to it in clause (b) 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.

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 Section 19

Title: Inquiry into Certain Agreements and Dominant Position of Enterprise

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 28

Title: Division of Enterprise Enjoying Dominant Position

State: Central

Year: 2002

..... (3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser.] ___________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets, letter and figures "Central Government, on recommendation under clause (f) of section 27" 2. Omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise;" 3. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.

Competition Act, 2002 Complete Act

State: Central

Year: 2002

.....or market therefor; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access; or (d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or (e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Explanation.-For the purposes of this section, the expression - (a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to- (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour; (b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, or production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. SECTION 05: COMBINATION. -The.....

Competition Act, 2002 Chapter 4

Title: Duties, Powers and Functions of Commission

State: Central

Year: 2002

..... (f) classification of industrial products.] ___________________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words "receipt of a complaint,". 2. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 20 - Inquiry into combination by Commission (1) The Commission may, upon its own knowledge or information relating to acquisition referred to in clause (a) of section 5 or acquiring of control referred to in clause (b) of section 5 or merger or amalgamation referred to in clause (c) of that section, inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition in India: Provided that the Commission shall not initiate any inquiry under this sub-section after the expiry of one year from the date on which such combination has taken effect. (2) The Commission shall, on receipt of a notice under sub-section (2) of section 6 1[* * *], inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable.....

Competition Act, 2002 Complete Act

Title: Competition Act, 2002

State: Central

Year: 2002

.....dominant position Section29 - Procedure for investigation of combinations Section30 - Procedure in case of notice under sub-section (2) of section 6 Section31 - Orders of Commission on certain combinations Section32 - Acts taking place outside India but having an effect on competition in India Section33 - Power to issue interim orders Section34 - Power to award compensation [Omitted] Section35 - Appearance before Commission Section36 - Power of Commission to regulate its own procedure Section37 - Review of orders of Commission [Omitted] Section38 - Rectification of orders Section39 - Execution of order of Commission imposing monetary penalty Section40 - Appeal [Omitted] Chapter 5 Section41 - Director-General to investigate contraventions Chapter 6 Section42 - Contravention of orders of Commission Section42A - Compensation in case of contravention of orders of Commission Section43 - Penalty for failure to comply with directions of Commission and Director General Section43A - Power to impose penalty for non-furnishing of information on combinations Section44 - Penalty for making false statement or omission to furnish material information Section45 -.....

Competition Act, 2002 Section 32

Title: Acts Taking Place Outside India but Having an Effect on Competition in India

State: Central

Year: 2002

2[The Commission shall, notwithstanding that,-- (a) an agreement referred to in section 3 has been entered into outside India; or (b) any party to such agreement is outside India; or (c) any enterprise abusing the dominant position is outside India; or (d) a combination has taken place outside India; or (e) any party to combination is outside India; or (f) any other matter or practice or action arising out of such agreement or dominant position or combination is outside India, have power to inquire 1[in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of the Act] into such agreement or abuse of dominant position or combination if such agreement or dominant position or combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in India 1[and pass such orders as it may deem fit in accordance with the provisions of this Act].] _______________________________ 1. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 2. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.

Competition Act, 2002 Section 36

Title: Power of Commission to Regulate Its Own Procedure

State: Central

Year: 2002

..... 1. Effective from 19.06.2003 by Notification No. SO 715 (E) Dated 19.06.2003. 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] w.e.f. 12.10.2007. Prior to substitution it read as: "1 36.Power of Commission to regulate its own procedure.-- (1) The Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have powers to regulate its own procedure including the places at which they shall have their sittings, duration of oral hearings when granted, and times of its inquiry. (2) The Commission shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of1908), while trying a suit/in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on.....