Short Description: About COMPETITION ACT, 2002 (Principles and Practices) Part I INTRODUCTION Part II THE COMPETITION ACT, 2002 CHAPTER I Preliminary 1. Short title, extent and commencement 2. Definitions CHAPTER II Prohibition of certain Agreements, Abuse of Dominant Position and Regulation of Combinations Prohibition of agreements 3. Anti-competitive agreements Prohibition of abuse of dominant position 4. Abuse of dominant position Regulation of combinations 5. Combination 6. Regulation of combinations Chapter III Competition Commission of India 7. Establishment of Commission 8. Composition of Commission 9. Selection Committee for Chairperson and Members of Commission 10. Term of office of Chairperson and other Members 11. Resignation, removal and suspension of Chairperson and other Members 12. Restriction on employment of Chairperson and other Members in certain cases 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 16. Appointment of Director-General, etc. 17. Appointment of Secretary, experts, professionals and officers and other employees of Commission Chapter IV Duties, Powers and Functions of Commission 18. Duties of Commission 19. Inquiry into certain agreements and dominant position of enterprise 20. Inquiry into combination by Commission 21. Reference by statutory authority 21A. Reference by Commission 22. Meetings of Commission 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 26. Procedure for inquiry under section 19 27. Orders by Commission after inquiry into agreements or abuse of dominant position 28. Division of enterprise enjoying dominant position 29. Procedure for investigation of combinations 30. Procedure in case of notice under sub-section (2) of section 6 31. Orders of Commission on certain combinations 32. Acts taking place outside India but having an effect on competition in India 33. Power to issue interim orders 34. Power to award compensation 35. Appearance before Commission 36. Power of Commission to regulate its own procedure 37. Review of orders of Commission 38. Rectification of orders 39. Execution of orders of Commission imposing monetary penalty 40. Appeal Chapter V Duties of Director General 41. Director General to investigate contraventions Chapter VI Penalties 42. Contravention of orders of Commission 42A. Compensation in case of contravention of orders of Commission 43. Penalty for failure to comply with directions of Commission and Director General 43A. Power to impose penalty for non-furnishing of information on combinations 44. Penalty for making false statement or omission to furnish material information 45. Penalty for offences in relation to furnishing of information 46. Power to impose lesser penalty 47. Crediting sums realised by way of penalties to Consolidated Fund of India 48. Contravention by companies Chapter VII Competition Advocacy 49. Competition advocacy Chapter VIII Finance, Accounts and Audit 50. Grants by Central Government 51. Constitution of Fund 52. Accounts and audit 53. Furnishing of returns, etc., to Central Government Chapter VIIIA Appellate Tribunal 53A. 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-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 53P. Execution of orders of Appellate Tribunal 53Q. Contravention of orders of Appellate Tribunal 53R. Vacancy in 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 regulations 65. Power to remove difficulties 66. Repeal and saving Part III ACTS, RULES, REGULATIONS 1 The Competition Commission of India (General) Regulations, 2009 2 The Competition Commission of India (Determination of Cost of Production) Regulations, 2009 3 The Competition Commission of India (Lesser Penalty) Regulations, 2009 4 The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 5 The Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009 6 The Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011 7 The Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011 8 Notifications issued under Competition Act 9 The Competition Commission of India (Competition Assessment of Economic Legislations and Policies) Guidelines, 2016 10 The Competition Appellate Tribunal (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008 11 The Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation Applications) Rules, 2009 12 The Competition Appellate Tribunal (Recruitment, Salaries and Other Terms and Conditions of Service of Officers and Other Employees) Rules, 2010 13 The Competition Commission of India (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003 14 The Competition Commission of India (Oath of Office and of Secrecy for Chairperson and Other Members) Rules, 2003 15 The Competition Commission of India (Selection of Chairperson and Other Members of the Commission) Rules, 2003 16 The Competition Commission of India (Return on Measures for the Promotion of Competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008 17 The Competition Commission of India (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008 18 The Competition Commission of India (Salary, Allowances, 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) Rules, 2009 19 The Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General Other Officers and Employees, their Manner of Appointment, Qualification, Salary, Allowances and Other Terms and Conditions of Service) Rules, 2009 20 Competition Commission of India (Director General) Recruitment Rules, 2009 21 The Competition Commission of India (Form and Time of Preparation of Annual Report) Rules, 2008 22 The Competition Commission of India (Form of Annual Statement of Accounts) Rules, 2009 23 Checklist for Appeals under Competition Act, 2002 to National Company Law Appellate Tribunal 24 Relevant Provisions of Finance Act, 2017 25 Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017 Part IV COMMITTEE REPORTS 1. Relevant Extracts from the Report of the Parliamentary Standing Committee 2. Report of the High Level Committee on Competition Policy and Law SUBJECT INDEX

ISBN: 978-93-5139-642-0

AUTHOR: Professor (Dr.) V.K. AGARWAL

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