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Act12
Enacted 2003

The Competition Act, 2002

In force 98 sections Corporate Affairs

An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Act 12 of 2003 Enacted 13 Jan 2003 In force 31 Mar 2003

Administered by. Ministry of Corporate Affairs · Other Acts of 2003

Preamble

THE COMPETITION ACT, 2002

ACT NO. 12 OF 2003

[13th January, 2003.] An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

Sections

Type to filter. 98 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Anti-competitive agreements
  4. 4Abuse of dominant position
  5. 5Combination
  6. 6Regulation of combinations
  7. 6AOpen offers, etc
  8. 7Establishment of Commission
  9. 8Composition of Commission
  10. 9Selection Committee for Chairperson and Members of Commission
  11. 10Term of office of Chairperson and other Members
  12. 11Resignation, removal and suspension of Chairperson and other members
  13. 12Restriction on employment of Chairperson and other Members
  14. 13Administrative powers of Chairperson
  15. 14Salary and allowances and other terms and conditions of service of Chairperson and other Members
  16. 15Vacancy, etc., not to invalidate proceedings of Commission
  17. 16Appointment of Director-General, etc
  18. 17Appointment of Secretary, experts, professionals and officers and other employees of Commission
  19. 18Duties and functions of Commission
  20. 19Inquiry into certain agreements and dominant position of enterprise
  21. 20Inquiry into combination by commission
  22. 21Reference by statutory authority
  23. 21AReference by Commission
  24. 22Meetings of Commission
  25. 23Omitted
  26. 24Omitted
  27. 25Omitted
  28. 26Procedure for inquiry under section 19
  29. 27Orders by Commission after inquiry into agreements or abuse of dominant position
  30. 28Division of enterprise enjoying dominant position
  31. 29Procedure for investigation of combinations
  32. 29AIssue of statement of objections by Commission and proposal of modifications
  33. 30Inquiry into disclosures under sub-section (2) of section 6
  34. 31Orders of Commission on certain combinations
  35. 32Acts taking place outside India but having an effect on competition in India
  36. 33Power to issue interim orders
  37. 34Omitted
  38. 35Appearance before Commission
  39. 36Power of Commission to regulate its own procedure
  40. 37Omitted
  41. 38Rectification of orders
  42. 39Execution of orders of Commission imposing monetary penalty
  43. 40Omitted
  44. 41Director General to investigate contravention
  45. 42Contravention of orders of Commission
  46. 42ACompensation in case of contravention of orders of Commission
  47. 43Penalty for failure to comply with directions of Commission and Director General
  48. 43APower to impose penalty for non-furnishing of information on combinations
  49. 44Penalty for making false statement or omission to furnish material information
  50. 45Penalty for contraventions in relation to furnishing of information
  51. 46Power to impose lesser penalty
  52. 47Crediting sums realised by way of penalties to Consolidated Fund of India
  53. 48Contravention by companies
  54. 48ASettlement
  55. 48BCommitment
  56. 48CRevocation of the Settlement or Commitment order and penalty
  57. 49Competition advocacy
  58. 50Grants by Central Government
  59. 51Constitution of Fund
  60. 52Accounts and audit
  61. 53Furnishing of returns, etc., to Central Government
  62. 53AAppellate Tribunal
  63. 53BAppeal to Appellate Tribunal
  64. 53COmitted
  65. 53DOmitted
  66. 53EOmitted
  67. 53FOmitted
  68. 53GOmitted
  69. 53HVacancies
  70. 53IOmitted
  71. 53JOmitted
  72. 53KOmitted
  73. 53LOmitted
  74. 53MOmitted
  75. 53NAwarding compensation
  76. 53OProcedures and powers of Appellate Tribunal
  77. 53PExecution of orders of Appellate Tribunal
  78. 53QContravention of orders of Appellate Tribunal
  79. 53ROmitted
  80. 53SRight to legal representation
  81. 53TAppeal to Supreme Court
  82. 53UPower to Punish for contempt
  83. 54Power to exempt
  84. 55Power of Central Government to issue directions
  85. 56Power of Central Government to supersede Commission
  86. 57Restriction on disclosure of information
  87. 58Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants
  88. 59Protection of action taken in good faith
  89. 59ACompounding of certain offences
  90. 60Act to have overriding effect
  91. 61Exclusion of jurisdiction of civil courts
  92. 62Application of other laws not barred
  93. 63Power to make rules
  94. 64Power to make regulations
  95. 64AProcess of issuing regulations
  96. 64BCommission to issue guidelines
  97. 65Power to remove difficulties
  98. 66Repeal and saving

Amending Acts

3 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Competition (Amendment) Act, 202312 of 2023
  • The Competition (Amendment) Act, 200912 of 2009
  • The Competition (Amendment) Act, 200712 of 2007

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • GSR No. 1034 dated 11.03.20202020
  • Appointment notification of Ms. Sangeeta Verma , Member, CCI2019
  • Inviting applications for filling up of one Post of Member in the Competition Commission of India.2019
  • SO 28 dt 2.1.2019 (Appointment of Sh. Ashok Kumar Gupta, Chairperson, CCI).pdf2019
  • CCI(Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 20182018
  • Corrigendum relating to maximum age limit for the post of Director General in the Competition Commission of India on deputation basis.2018
  • Exemption of Vessels Sharing Agreements of Liner shipping Industry from the provisions of section 3 of the Competition Act, 20022018
  • Office Order No. Comp-05/9/2018-Comp-MCA Dated 11.12.20182018
  • Office Order relating to appointment of Chairperson ,CCI2018
  • The Competition Commission of India (General) Amendment Regulations, 20182018
  • The Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Amendment Rules, 2018(1.63 MB)2018
  • The Competition Commission of India (Term of the Selection Committee and the manner of selection of panel of names) Amendment Rules, 2018 (1.61 MB)2018
  • Exemptions to all cases of reconstitution, transfer of the whole or any part thereof and amalgamation of nationalzed banks, under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), from the application of provisions of Sections 5 and 6 of the Competition Act, 20022017
  • Notification No. S.O. 1933 (E) dated 16.06.2017 relating to exemption of Liner Shipping Agreements of Liner Shipping Industry from the provisions of section 3 of the Competition Act, 20022017
  • Notification No. S.O. 2039(E) dated 29.06.2017 relating to exemption of every person or enterprise referred to in section 5 of the Competition Act, 2002 from giving notice within thirty days mentioned in sub-section (2) of section 6 of the Competition Act, 2002 under clause (a) of section 54 of the said Act2017
  • Notification No. S.O. 2561(E) dated 10.08.2017 relating to exemption of Regional Rural Banks in respect of which the Central Government has issued a notification under sub-section (1) of section 23A of the Regional Rural Banks Act, 1976 from the application of provisions of section 5 and 6 of the Competition Act, 20022017
  • Notification No. S.O. 3714(E) dated 22.11.2017 relating to exemption to all cases of combinations under section 5 of the Act involving the CPSEs operating in the Oil and Gas Sectors under the Petroleum Act, 1934 and the rules made thereunder or under the Oilfields (Regulation and Development) Act, 1948 and the rules made thereunder, along with their wholly or partly owned subsidiaries operating in the Oil and Gas Sectors, from the application of the provisions of sections 5 & 6 of the Competition Act, 20022017
  • Notification S.O 998(E) and S.O 989(E) dated 27.03.20172017
  • SO 686 dt.27.2.2017 Additional charge Chairperson, COMPAT2017
  • SO 950 dt 21.3.2017 Exemption under section 54 of the Competition Act, 2002 VSA2017
  • The Competition Commission of India (Lesser Penalty) Amendment Regulations, 20172017
  • CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 20162016
  • SO 1928 dt.25.5.2016 (Appointment of Member, COMPAT)2016
  • SO 355 Dt.2.2.2016 (Appointment of Chairperson CCI)2016
  • SO 646 Dt.2.3.2016 (Exemption under section 54 of the Competition Act, 2002 VSA)2016
  • SO 673 and 674 Dt. 4.3.2016 (Exemption under section 54 of the Competition ACt, 20022016
  • SO 675 Dt. 4.3.2016 enhancement of threshold limit2016
  • CCI (Procedure for Engagement of Experts and Professionals) Regulations, 20092015
  • CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 20152015
  • GSR 70 Dt 4.2.2015 (Terms and Condition of Service of Chairperson and Members CCI ) Amendment Rules 20152015
  • GSR.458 Dt.4.6.2015 (terms and conditions of service of the Secretary and officers and other employees of the CCI) Amendment Rules, 20152015
  • SO 1063 Dt.22.4.2015 (Appointment of Dr. M. S. Sahoo, Member, CCI).pdf2015
  • SO 2160 Dt.10.8.2015 (Appointment of Sh. Justice G. P. Mittal, Member, CCI)2015
  • SO 354 Dt. 5.2.2015 Exemption under section 54 of the Competition Act, 2002 VSA)2015
  • CCI (Manner of Recovery of Monetary Penalty) Amendment Regulations, 20142014
  • CCI (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 20142014
  • CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 20142014
  • SO 1123 Dt. 24.4.2014 (Appointment of Sh. Sudhir Mital, Member CCI)2014
  • SO 2255 Dt 8.9.2014 (Appointment of Sh. U. C. Nahta, Member CCI2014
  • SO 2878 dt 10.11.2014 (Appointment of Chairperson, COMPAT)2014

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • The Competition (Amendment) Ordinance, 2009amended this Act · 2009

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 97 of 98 sections have their own page; for the remaining 1 the source gave us a heading and no text, so their pages carry the heading and say so rather than showing words we do not hold. This page is not a substitute for legal advice.