Power to impose penalty for non-furnishing of information on combinations
Section 43A of the Competition Act, 2002 deals with power to impose penalty for non-furnishing of information on combinations. furnishing of information on combinations.--If any person or enterprise fails to give notice to the Commission under sub-section (2) or sub-section (4) of section 6 or contravenes sub-section (2A) of section 6 or submit information pursuant to an inquiry under sub-section (1) of section 20, the Comm The Act came into force on 31 Mar 2003.
1[43A. Power to impose penalty for non-furnishing of information on combinations.--If any person or enterprise fails to give notice to the Commission under sub-section (2) or sub-section (4) of section 6 or contravenes sub-section (2A) of section 6 or submit information pursuant to an inquiry under sub-section (1) of section 20, the Commission may impose on such person or enterprise, a penalty which may extend to one per cent., of the total turnover or assets or the value of transaction referred to in clause (d) of section 5, whichever is higher, of such a combination:
Provided that in case any person or enterprise has given a notice under sub-section (4) of section 6 and such notice is found to be void ab initio under sub-section (6) of section 6, then a notice under sub-section (2) of section 6 may be given by the acquirer or parties to the combination, as may be applicable, within a period of thirty days of the order of the Commission under sub-section (6) of that section and no action under this section shall be taken by the Commission till the expiry of such period of thirty days.]
Section 43A, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Competition Commission of India v. Thomas Cook (India) Ltd.
Court's Decision & Legal Precedent
Judgement of Main Case order-13.pdf 2018-04-17 DATE VERIFIED by body (Arun Mishra & Navin Sinha JJ.). Restores CCI Rs.1 crore penalty under s.43A for s.6(2) non-notification of demerger/amalgamation/market purchases as a combination; s.43A is civil-obligation breach — penalty follows; only quantum is discretionary. Map Competition 6 and 43A.
On this section: s.43A civil penalty for non-furnishing combination information — no mens rea; only quantum discretionary; CCI nominal penalty restored.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
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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… The Competition Commission of India (in short, "the Commission") is in appeal aggrieved by the order passed by the Competition Appellate Tribunal (in short, "the Tribunal") setting aside the order passed by the Competition Commission under section 43A of the Competition Act, 2002 (in short, referred to as "the Act") whereby penalty of Rupees One Crore was imposed on the respondents on the ground of noncompliance of provisions contained in section 6(2) of the Act. 2. The Thomas Cook India Ltd (for short, "the TCIL") – respondent No.1, Thomas Cook Insurance …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 43A
What have the courts held on Section 43A of the Competition Act?
Competition Commission of India v. Thomas Cook (India) Ltd. (17 Apr 2018) is the leading judgment on this section among those set out below: s.43A civil penalty for non-furnishing combination information — no mens rea; only quantum discretionary; CCI nominal penalty restored.
How do I find court cases under Section 43A 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 43A, section 43A Competition Act, section 43A of the Competition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Competition Commission of India v. Thomas Cook (India) Ltd. (17 Apr 2018).
What should I read with Section 43A of the Competition Act, and has it changed?
Its own text turns on section 5 (Combination), section 6 (Regulation of combinations), section 20 (Inquiry into combination by commission), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Central Government hereby appoints the 1st day of June, 2011 as the date on which Sections 43A of the Competition Act, 2002 shall come into force (2011).
When did Section 43A of the Competition Act come into force?
Section 43A of the Competition Act, cited as Competition Act 43A, 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 17 Oct 2026. This page is not a substitute for legal advice.