Compensation in case of contravention of orders of Commission
Section 42A of the Competition Act, 2002 deals with compensation in case of contravention of orders of Commission. Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions i The Act came into force on 31 Mar 2003.
1[42A. Compensation in case of contravention of orders of Commission.--Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the Commission or contravening, without any reasonable ground, any decision or order of the Commission issued 2[under sections 6, 27], 28, 31, 32 and 33 or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this Act or delaying in carrying out such orders or directions of the Commission.]
Section 42A, The Competition Act, 2002 (Act 12 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It is also settled proposition of law that mere clever drafting of the plaint will not give any right to the party to invoke civil jurisdiction. 18 There is a specific procedure established under Sections 42 and 42A of the Competition Act, pursuant to which the CCI and NCCAT have exclusive jurisdiction to cause an enquiry to be made into alleged noncompliance with its orders and directions, and compensate any loss suffered on account of such non-compliance. 19 Therefore, under these circumstances, this Court finds that …
Questions about Section 42A
What does Section 42A of the Competition Act deal with?
Section 42A of the Competition Act is headed "Compensation in case of contravention of orders of Commission". [42A. Compensation in case of contravention of orders of Commission.--Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by
How do I find court cases under Section 42A of the Competition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Competition Act 42A, section 42A Competition Act, section 42A of the Competition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 42A of the Competition Act, and has it changed?
Its own text turns on section 6 (Regulation of combinations), section 27 (Orders by Commission after inquiry into agreements or abuse of dominant position), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 42A of the Competition Act come into force?
Section 42A of the Competition Act, cited as Competition Act 42A, came into force on 31 Mar 2003, having been enacted on 13 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 66. Repeal and saving1683 words
- 2. Definitions1390 words
- 5. Combination1317 words
- 6. Regulation of combinations920 words
- 3. Anti-competitive agreements850 words
- 26. Procedure for inquiry under section 19788 words
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. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.