The Competition Act, 2002
# THE COMPETITION ACT, 2002

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# ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

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.
6A. Open offers, etc.

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.
13. Administrative powers of Chairperson.
14. Salary and allowances and other terms and conditions of service 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 and functions 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.


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SECTIONS

23. [Omitted.]
24. [Omitted.]
25. [Omitted.]
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.
29A. Issue of statement of objections by Commission and proposal of modifications.
30. Procedure in case of notice under sub-section (2) of section 6.
31. Orders of Commission on combinations.
32. Acts taking place outside India but having an effect on competition in India.
33. Power to issue interim orders.
34. [Omitted.]
35. Appearance before Commission.
36. Power of Commission to regulate its own procedure.
37. [Omitted.]
38. Rectification of orders.
39. Execution of orders of Commission imposing monetary penalty.
40. [Omitted.]

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 contraventions 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.
48A. Settlement.
48B. Commitment.
48C. Revocation of the Settlement or Commitment order and penalty.

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.


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CHAPTER VIIIA

APPELLATE TRIBUNAL

SECTIONS

53A. Appellate Tribunal.
53B. Appeal to Appellate Tribunal.
53C. [Omitted.]
53D. [Omitted.]
53E. [Omitted.]

53F. [Omitted.]

53G. [Omitted.]
53H. [Omitted.]
53-I. [Omitted.]
53J. [Omitted.]
53K. [Omitted.]
53L. [Omitted.]
53M. [Omitted.]
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. [Omitted.]
53-S. 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.

59A. Compounding of certain offences.

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.
64A. Process of issuing regulations.
64B. Commission to issue guidelines.
65. Power to remove difficulties.
66. Repeal and saving.


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# 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:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Competition Act, 2002.**

(2) It extends to the whole of India except the State of Jammu and Kashmir*.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference

in any such provision to the commencement of this Act shall be construed as a reference to the coming
into force of that provision.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “acquisition” means, directly or indirectly, acquiring or agreeing to acquire—

(i) shares, voting rights or assets of any enterprise; or

(ii) control over management or control over assets of any enterprise;

(b) “agreement” includes any arrangement or understanding or action in concert,—

(i) whether or not, such arrangement, understanding or action is formal or in writing; or

(ii) whether or not such arrangement, understanding or action is intended to be enforceable by

legal proceedings;

2[(ba) “Appellate Tribunal” means the National Company Law Appellate Tribunal referred to in

sub-section (1) of section 53A;]

(c) “cartel” includes an association of producers, sellers, distributors, traders or service providers

who, by agreement amongst themselves, limit, control or attempt to control the production,
distribution, sale or price of, or, trade in goods or provision of services;

(d) “Chairperson” means the Chairperson of the Commission appointed under sub-section (1) of

section 8;

(e) “Commission” means the Competition Commission of India established under sub-section (1)

of section 7;

3[(ea) “commitment” means the commitment referred to in section 48B;]

1. 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March, 2003 in respect of [s. 1, cls. (d), (g), (j), (k), (l) and (n) of s. 2, ss.

8, 9, 10, 14, 16, 17, sub-sec. (1) of s. 63 and cls. (a), (b), (d), (e), (f) and (g) of sub-sec. (2) of s. 63];

19th June, 2003, vide Notification no. S.O. 715(E), dated 19th June, 2003 in respect of [s. 2 {except cls. (d), (g), (j), (k), (l) and (n)}, ss. 7,

11, 12, 13, 15, 22, 23, 36, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, s. 63 {except cls. (a), (b), (d), (e), (f), (g) and (n) of subsec. (2)}, 64 and 65]

20th May, 2009, vide Notification No. S.O. 1241(E), dated 15th May, 2009 in respect of [s. 3, 4, 18, 19, 21, 26, 27, 28, 32, 33, 35, 38, 39,

41, 42, 43, 45, 46, 47, 48, 54, 55 and 56.]

1st September, 2009, vide Notification No. S.O. 2204(E), dated 28th August 2009 in respect of s. 66.
1st June, 2011, vide Notification No. S.O. 1231(E), dated 30th May 2011 in respect of s. 44.
2. Subs. by Act 7 of 2017, s. 171, for clause (ba) (w.e.f. 26-5-2017).
3. Ins. by Act 9 of 2023, s. 3 (w.e.f. 18-5-2023).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir
and the Union territory of Ladakh.


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(f) “consumer” means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly paid and

partly promised, or under any system of deferred payment and includes any user of such goods
other than the person who buys such goods for consideration paid or promised or partly paid or
partly promised, or under any system of deferred payment when such use is made with the
approval of such person, whether such purchase of goods is for resale or for any commercial
purpose or for personal use;

(ii) hires or avails of any services for a consideration which has been paid or promised or

partly paid and partly promised, or under any system of deferred payment and includes any
beneficiary of such services other than the person who hires or avails of the services for
consideration paid or promised, or partly paid and partly promised, or under any system of
deferred payment, when such services are availed of with the approval of the first-mentioned
person whether such hiring or availing of services is for any commercial purpose or for personal
use;

(g) “Director General” means the Director General appointed under sub-section (1) of section 16

and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that
section;

(h) “enterprise” means [1][a person or a department of the Government, including units, divisions,

subsidiaries, who or which is, or has been, engaged in any economic activity, relating to the
production, storage, supply, distribution, acquisition or control of articles or goods, or the provision
of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or
dealing with shares, debentures or other securities of any other body corporate, either directly or
through one or more of its units or divisions or subsidiaries, but does not include any activity of the
Government relatable to the sovereign functions of the Government including all activities carried on
by the departments of the Central Government dealing with atomic energy, currency, defence and
space;]

_Explanation.—For the purposes of this clause,—_

(a) “activity” includes profession or occupation;

(b) “article” includes a new article and “service” includes a new service;

(c) “unit” or “division”, in relation to an enterprise, includes—

(i) a plant or factory established for the production, storage, supply, distribution,

acquisition or control of any article or goods;

(ii) any branch or office established for the provision of any service;

(i) “goods” means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes—

(A) products manufactured, processed or mined;

(B) debentures, stocks and shares after allotment;

(C) in relation to goods supplied, distributed or controlled in India, goods imported into India;

(j) “Member” means a Member of the Commission appointed under sub-section (1) of section 8

and includes the Chairperson;

(k) “notification” means a notification published in the Official Gazette;

2[(ka) “party” includes a consumer or an enterprise or a person or an information provider, or a

consumer association or a trade association, or the Central Government or any State Government or
any statutory authority, as the case may be, and shall include an enterprise or a person against whom
any inquiry or proceeding is instituted; and any enterprise or person impleaded by the Commission to
join the proceedings;]

1. Subs. by Act 9 of 2023, s. 3, for certain words (w.e.f. 18-5-2023).
2. Ins. by s. 3, ibid. (w.e.f. 18-5-2023).


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(l) “person” includes—

(i) an individual;

(ii) a Hindu undivided family;

(iii) a company;

(iv) a firm;

(v) an association of persons or a body of individuals, whether incorporated or not, in India or

outside India;

(vi) any corporation established by or under any Central, State or Provincial Act or a

Government company as defined in [1][clause (45) of section 2 of [2][the Companies Act, 2013
(18 of 2013)]];

(vii) any body corporate incorporated by or under the laws of a country outside India;

(viii) a co-operative society registered under any law relating to co-operative societies;

(ix) a local authority;

(x) every artificial juridical person, not falling within any of the preceding sub-clauses;

(m) “practice” includes any practice relating to the carrying on of any trade by a person or an

enterprise;

(n) “prescribed” means prescribed by rules made under this Act;

(o) “price”, in relation to the sale of any goods or to the performance of any services, includes

every valuable consideration, whether direct or indirect, or deferred, and includes any consideration
which in effect relates to the sale of any goods or to the performance of any services although
ostensibly relating to any other matter or thing;

3[(p) “public financial institution” means public financial institution as defined in clause (72) of

section 2 of the Companies Act, 2013 (18 of 2013) and includes a State Financial Corporation, State
Industrial Corporation or State Investment Corporation;]

(q) “regulations” means the regulations made by the Commission under section 64;

(r) “relevant market” means the market which may be determined by the Commission with

reference to the relevant product market or the relevant geographic market or with reference to both
the markets;

(s) “relevant geographic market” means a market comprising the area in which the conditions of

competition for supply of goods or provision of services or demand of goods or services are distinctly
homogenous and can be distinguished from the conditions prevailing in the neighbouring areas;

4[(t) “relevant product market” means a market comprising of all those products or services—

(i) which are regarded as inter-changeable or substitutable by the consumer, by reason of

characteristics of the products or services, their prices and intended use; or

(ii) the production or supply of, which are regarded as inter-changeable or substitutable

by the supplier, by reason of the ease of switching production between such products and
services and marketing them in the short term without incurring significant additional costs or
risks in response to small and permanent changes in relative prices;]

(u) “service” means service of any description which is made available to potential users and

includes the provision of services in connection with business of any industrial or commercial matters

1. Subs. by Act 9 of 2023, s. 3, for the words and figures “section 617 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 18-5
2023).

2. Subs. by s. 2, ibid., for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 18-5-2023).
3. Subs. by s. 3, ibid., for clause (p) (w.e.f. 18-5-2023).
4. Subs. by s. 3, ibid., for clause (t) (w.e.f. 18-5-2023).


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such as banking, communication, education, financing, insurance, chit funds, real estate, transport,
storage, material treatment, processing, supply of electrical or other energy, boarding, lodging,
entertainment, amusement, construction, repair, conveying of news or information and advertising;

1[(ua) “settlement” means the settlement referred to in section 48A;]

(v) “shares” means shares in the share capital of a company carrying voting rights and includes—

(i) any security which entitles the holder to receive shares with voting rights;

(ii) stock except where a distinction between stock and share is expressed or implied;

(w) “statutory authority” means any authority, board, corporation, council, institute, university or

any other body corporate, established by or under any Central, State or Provincial Act for the
purposes of regulating production or supply of goods or provision of any services or markets therefor
or any matter connected therewith or incidental thereto;

(x) “trade” means any trade, business, industry, profession or occupation relating to the

production, supply, distribution, storage or control of goods and includes the provision of any
services;

(y) “turnover” includes value of sale of goods or services;

(z) words and expressions used but not defined in this Act and defined in [2][the Companies Act,

2013 (18 of 2013)] shall have the same meanings respectively assigned to them in that Act.

CHAPTER II

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF

COMBINATIONS

_Prohibition of agreements_

**3. Anti-competitive agreements.—(1) No enterprise or association of enterprises or person or**

association of persons shall enter into any agreement in respect of production, supply, distribution,
storage, acquisition or control of goods or provision of services, which causes or is likely to cause an
appreciable adverse effect on competition within India.

(2) Any agreement entered into in contravention of the provisions contained in sub-section (1) shall

be void.

(3) Any agreement entered into between enterprises or associations of enterprises or persons or

associations of persons or between any person and enterprise or practice carried on, or decision taken by,
any association of enterprises or association of persons, including cartels, engaged in identical or similar
trade of goods or provision of services, which—

(a) directly or indirectly determines purchase or sale prices;

(b) limits or controls production, supply, markets, technical development, investment or provision

of services;

(c) shares the market or source of production or provision of services by way of allocation of

geographical area of market, or type of goods or services, or number of customers in the market or
any other similar way;

(d) directly or indirectly results in bid rigging or collusive bidding,

shall be presumed to have an appreciable adverse effect on competition:

Provided that nothing contained in this sub-section shall apply to any agreement entered into by way

of joint ventures if such agreement increases efficiency in production, supply, distribution, storage,
acquisition or control of goods or provision of services.

1. Ins. by Act 9 of 2023, s. 3 (w.e.f. 18-5-2023).
2. Subs. by s. 2, ibid., for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 18-5-2023).


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1[Provided further that an enterprise or association of enterprises or a person or association of persons

though not engaged in identical or similar trade shall also be presumed to be part of the agreement under
this sub-section if it participates or intends to participate in the furtherance of such agreement.]

_Explanation.—For the purposes of this sub-section, “bid rigging” means any agreement, between_

enterprises or persons referred to in sub-section (3) engaged in identical or similar production or trading
of goods or provision of services, which has the effect of eliminating or reducing competition for bids or
adversely affecting or manipulating the process for bidding.

(4) [2][Any other agreement amongst enterprises or persons including but not restricted to agreement

amongst enterprises or persons] at different stages or levels of the production chain in different markets,
in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of
services, including—

(a) tie-in arrangement;

(b) exclusive [3][dealing] agreement;

(c) exclusive distribution agreement;

(d) refusal to deal;

(e) resale price maintenance,

shall be an agreement in contravention of sub-section (1) if such agreement causes or is likely to cause an
appreciable adverse effect on competition in India.

4[Provided that nothing contained in this sub-section shall apply to an agreement entered into

between an enterprise and an end consumer.]

_Explanation.—For the purposes of this sub-section,—_

5[(a) “tie-in arrangement” includes any agreement requiring a purchaser of goods or services, as a

condition of such purchase, to purchase some other distinct goods or services;

(b) “exclusive dealing agreement” includes any agreement restricting in any manner the purchaser

or the seller, as the case may be, in the course of his trade from acquiring or selling or otherwise
dealing in any goods or services other than those of the seller or the purchaser or any other person, as
the case may be;]

(c) “exclusive distribution agreement” includes any agreement to limit, restrict or withhold the

output or supply of any goods [6][or services] or allocate any area or market for the disposal or sale of
the goods [6][or services];

(d) “refusal to deal” includes any agreement which restricts, or is likely to restrict, by any method

the persons or classes of persons to whom goods [6][or services] are sold or from whom goods
6[or services] are bought;

(e) “resale price maintenance” [7][includes, in case of any agreement to sell goods or provide

services, any direct or indirect restriction] that the prices to be charged on the resale by the purchaser
shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices
may be charged.

(5) Nothing contained in this section shall restrict—

(i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as

may be necessary for protecting any of his rights which have been or may be conferred upon him
under—

1. Ins. by Act 9 of 2023, s. 4 (w.e.f. 18-5-2023).
2. Subs. by s. 4, ibid., for “Any agreement amongst enterprises or persons” (w.e.f. 18-5-2023).
3. Subs. by s. 4, for “supply” (w.e.f. 18-5-2023).
4. Ins. by s. 4, ibid. (w.e.f. 18-5-2023).
5. Subs. by s. 4, ibid., for clauses (a) and (b) (w.e.f. 18-5-2023).
6. Ins. by s. 4, ibid. (w.e.f. 18-5-2023).
7. Subs. by s. 4, ibid., for “includes any agreement to sell goods on condition” (w.e.f. 18-5-2023).


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(a) the Copyright Act, 1957 (14 of 1957);

(b) the Patents Act, 1970 (39 of 1970);

(c) the Trade and Merchandise Marks Act, 1958 (43 of 1958) or the Trade Marks Act, 1999

(47 of 1999);

(d) the Geographical Indications of Goods (Registration and Protection) Act, 1999

(48 of 1999);

(e) the Designs Act, 2000 (16 of 2000);

(f) the Semi-conductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000);

1[(g) any other law for the time being in force relating to the protection of other intellectual

property rights.]

(ii) the right of any person to export goods from India to the extent to which the agreement relates

exclusively to the production, supply, distribution or control of goods or provision of services for
such export.

_Prohibition of abuse of dominant position_

**4. Abuse of dominant position.—[2][(1) No enterprise or group shall abuse its dominant position.]**

(2) There shall be an abuse of dominant position [3][under sub-section (1), if an enterprise or a

group],—

(a) directly or indirectly, imposes unfair or discriminatory—

(i) condition in purchase or sale of goods or service; or

(ii) price in purchase or sale (including predatory price) of goods or service.

_Explanation.—For the purposes of this clause, the unfair or discriminatory condition in purchase_

or sale of goods or service referred to in sub-clause (i) and unfair or discriminatory price in purchase
or sale of goods (including predatory price) or service referred to in sub-clause (ii) shall not include
such [4][condition or price] which may be adopted to meet the competition; or

(b) limits or restricts—

(i) production of goods or provision of services 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 [5][in any manner]; 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;

1. Ins. by Act 9 of 2023, s. 4 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 3, for sub-section (1) (w.e.f. 20-5-2009).
3. Subs. by s. 3, ibid., for “under sub-section (1), if an enterprise” (w.e.f. 20-5-2009).
4. Subs. by Act 9 of 2023, s. 5, for “discriminatory condition or price” (w.e.f. 18-5-2023).
5. Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009).


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(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, of production of the goods or provision of
services, with a view to reduce competition or eliminate the competitors;

1[(c) “group” shall have the same meaning as assigned to it in clause (b) of the Explanation to

section 5.]

_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 rupees three thousand crores; or

2[(B) in India or outside India, in aggregate, the assets of the value of more than five

hundred million US dollars, including at least rupees five hundred crores in India, or turnover
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores
in India; or]

(ii) the group, to which the enterprise whose control, shares, assets or voting rights have been

acquired or are being acquired, would belong after the acquisition, jointly have or would jointly
have,—

(A) either in India, the assets of the value of more than rupees four thousand crores or

turnover more than rupees twelve thousand crores; or

3[(B) in India or outside India, in aggregate, the assets of the value of more than two

billion US dollars, including at least rupees five crores in India, or turnover more than six
billion US dollars; or, including at least rupees fifteen hundred crores in india; or]

(b) acquiring of control by a person over an enterprise when such person has already direct or

indirect control over another enterprise engaged in production, distribution or trading of a similar or
identical or substitutable goods or provision of a similar or identical or substitutable service, if—

(i) the enterprise over which control has been acquired along with the enterprise over which

the acquirer already has direct or indirect control jointly have,—

(A) either in India, the assets of the value of more than rupees one thousand crores or

turnover more than rupees three thousand crores; or

4[(B) in India or outside India, in aggregate, the assets of the value of more than five

hundred million US dollars, including at least rupees five hundred crores in India, or turnover
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores
in India; or]

(ii) the group, to which enterprise whose control has been acquired, or is being acquired,

would belong after the acquisition, jointly have or would jointly have,—

(A) either in India, the assets of the value of more than rupees four thousand crores or

turnover more than rupees twelve thousand crores; or

5[(B) in India or outside India, in aggregate, the assets of the value of more than two

billion US dollars, including at least rupees five hundred crores in India, or turnover more
than six billion US dollars, including at least rupees fifteen hundred crores in India; or]

1. Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009).
2. Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).
3. Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).
4. Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).
5. Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).


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(c) any merger or amalgamation in which—

(i) the enterprise remaining after merger or the enterprise created as a result of the

amalgamation, as the case may be, have,—

(A) either in India, the assets of the value of more than rupees one thousand crores or

turnover more than rupees three thousand crores; or

1[(B) in India or outside India, in aggregate, the assets of the value of more than five

hundred million US dollars, including at least rupees five hundred crores in India, or turnover
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores
in India; or]

(ii) the group, to which the enterprise remaining after the merger or the enterprise created as a

result of the amalgamation, would belong after the merger or the amalgamation, as the case may
be, have or would have,—

(A) either in India, the assets of the value of more than rupees four-thousand crores or

turnover more than rupees twelve thousand crores; or

2[(B) in India or outside India, in aggregate, the assets of the value of more than two

billion US dollars, including at least rupees five hundred crores in India, or turnover more
than six billion US dollars, including at least rupees fifteen hundred crores in [3][India; or]]

4[(d) value of any transaction, in connection with acquisition of any control, shares, voting rights

or assets of an enterprise, merger or amalgamation exceeds rupees two thousand crore:

Provided that the enterprise which is being acquired, taken control of, merged or amalgamated

has such substantial business operations in India as may be specified by regulations.

(e) notwithstanding anything contained in clause (a) or clause (b) or clause (c), where either the

value of assets or turnover of the enterprise being acquired, taken control of, merged or amalgamated
in India is not more than such value as may be prescribed, such acquisition, control, merger or
amalgamation, shall not constitute a combination under section 5.]

5[Explanation.—For the purposes of this section,—

(a) “control” means the ability to exercise material influence, in any manner whatsoever,

over the management or affairs or strategic commercial decisions by—

(i) one or more enterprises, either jointly or singly, over another enterprise or group;

or

(ii) one or more groups, either jointly or singly, over another group or enterprise;

(b) “group” means two or more enterprises where one enterprise is directly or indirectly,

in a position to—

(i) exercise twenty-six per cent. or such other higher percentage as may be

prescribed, of the voting rights in the other enterprise; or

(ii) appoint more than fifty per cent. of the members of the board of directors in the

other enterprise; or

(iii) control the management or affairs of the other enterprise;

(c) “turnover” means the turnover certified by the statutory auditor on the basis of the last

available audited accounts of the company in the financial year immediately preceding the
financial year in which the notice is filed under sub-section (2) or sub-section (4) of section 6
and such turnover in India shall be determined by excluding intra-group sales, indirect taxes,
trade discounts and all amounts generated through assets or business from customers outside

1. Subs. by Act 39 of 2007, s. 4, for Item (B) (w.e.f. 1-6-2011).
2. Subs. by s. 4, ibid., for Item (B) (w.e.f. 1-6-2011).
3. Subs. by Act 9 of 2023, s. 6, for “India.” (w.e.f. 10-9-2024).
4. Ins. by s. 6, ibid. (w.e.f. 10-9-2024).
5. Subs. by s. 6, ibid., for the Explanation (w.e.f. 10-9-2024).


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India, as certified by the statutory auditor on the basis of the last available audited accounts of
the company in the financial year immediately preceding the financial year in which the
notice is filed under sub-section (2) or sub-section (4) of section 6;

(d) “value of transaction” includes every valuable consideration, whether direct or

indirect, or deferred for any acquisition, merger or amalgamation;

(e) the value of assets shall be determined by taking the book value of the assets as

shown, in the audited books of account of the enterprise, in the financial year immediately
preceding the financial year in which the date of proposed combination falls and if such
financial statement has not yet become due to be filed with the Registrar under the
Companies Act, 2013 (18 of 2013) then as per the statutory auditor's report made on the basis
of the last available audited accounts of the company in the financial year immediately
preceding the financial year in which the notice is filed under sub-section (2) or sub-section
(4) of section 6, as reduced by any depreciation, and the value of assets shall include the
brand value, value of goodwill, or value of copyright, patent, permitted use, collective mark,
registered proprietor, registered trade mark, registered user, homonymous geographical
indication, geographical indications, design or layout-design or similar other commercial
rights under the laws provided in sub-section (5) of section 3;

(f) where a portion of an enterprise or division or business is being acquired, taken

control of, merged or amalgamated with another enterprise, the value of assets or turnover or
value of transaction as may be applicable, of the said portion or division or business or
attributable to it, shall be the relevant assets or turnover or relevant value of transaction for
the purpose of applicability of the thresholds under section 5.]

**6. Regulation of combinations.—(1) No person or enterprise shall enter into a combination which**

causes or is likely to cause an appreciable adverse effect on competition within the relevant market in
India and such a combination shall be void.

(2) Subject to the provisions contained in sub-section (1), any person or enterprise, who or which

proposes to enter into a combination, [1][shall] give notice to the Commission, in the form as may be
specified, and the fee which may be determined, by regulations, disclosing the details of the proposed
combination, [2][after any of the following, but before consummation of the combination]—

(a) approval of the proposal relating to merger or amalgamation, referred to in clause (c) [3][and

clause (d)] of section 5, by the board of directors of the enterprises concerned with such merger or
amalgamation, as the case may be;

(b) execution of any agreement or other document for acquisition referred to in clause (a) [3][and

clause (d)] of section 5 or acquiring of control referred to in clause (b) of that section.

3[Explanation.—For the purposes of this sub-section, “other document” means any document, by

whatever name called, conveying an agreement or decision to acquire control, shares, voting rights or
assets or if the acquisition is without the consent of the enterprise being acquired, any document
executed by the acquiring enterprise, by whatever name called, conveying a decision to acquire
control, shares or voting rights or where a public announcement has been made in accordance with
the provisions of the Securities and Exchange Board of India (Substantial Acquisition of Shares and
Takeovers) Regulations, 2011 made under the Securities and Exchange Board of India Act, 1992 (15
of 1992) for acquisition of shares, voting rights or control such public document.]

4[(2A) No combination shall come into effect until 5[one hundred and fifty days] have passed from the

day on which the notice has been given to the Commission under sub-section (2) or the Commission has
passed orders under section 31, whichever is earlier.]

1. Subs. by Act 39 of 2007, s. 5, for “may, at his or its option,” (w.e.f. 1-6-2011).
2. Subs. by Act 9 of 2023, s. 7, for “within thirty days of” (w.e.f. 10-9-2024).
3. Ins. by s. 7, ibid. (w.e.f. 10-9-2024).
4. Ins. by Act 39 of 2007, s. 5 (w.e.f. 1-6-2011).
5. Subs. by Act 9 of 2023, s. 7, for “two hundred and ten days” (w.e.f. 10-9-2024).


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(3) The Commission shall, after receipt of notice under sub-section (2), deal with such notice in

accordance with the provisions contained in [1][sections 29, 29A, 30 and 31.]

2[(4) Notwithstanding anything contained in sub-sections (2A) and (3) and section 43A, if a

combination fulfils such criteria as may be prescribed and is not otherwise exempted under this Act from
the requirement to give notice to the Commission under sub-section (2), then notice for such combination
may be given to the Commission in such form and on payment of such fee as may be specified by
regulations, disclosing the details of the proposed combination and thereupon a separate notice under
sub-section (2) shall not be required to be given for such combination.

(5) Upon filing of a notice under sub-section (4) and acknowledgement thereof by the Commission,

the proposed combination shall be deemed to have been approved by the Commission under
sub-section (1) of section 31 and no other approval shall be required under sub-section (2) or
sub-section (2A).

(6) If within the period referred to in sub-section (1) of section 20, the Commission finds that the

combination notified under sub-section (4) does not fulfil the requirements specified under that subsection or the information or declarations provided are materially incorrect or incomplete, the approval
under sub-section (5) shall be void ab initio and the Commission may pass such order as it may deem fit:

Provided that no such order shall be passed unless the parties to the combination have been given an

opportunity of being heard.

(7) Notwithstanding anything contained in this section and section 43A, upon fulfilment of such

criteria as may be prescribed, certain categories of combinations shall be exempted from the requirement
to comply with sub-sections (2), (2A) and (4).

(8) Notwithstanding anything contained in sub-sections (4), (5), (6) and (7)—

(i) the rules and regulations made under this Act on the matters referred to in these sub-sections

as they stood immediately before the commencement of the Competition (Amendment) Act, 2023 and
in force at such commencement, shall continue to be in force, till such time as the rules or regulations,
as the case may be, made under this Act; and

(ii) any order passed or any fee imposed or combination consummated or resolution passed or

direction given or instrument executed or issued or thing done under or in pursuance of any rules and
regulations made under this Act shall, if in force at the commencement of the Competition
(Amendment) Act, 2023, continue to be in force, and shall have effect as if such order passed or such
fee imposed or such combination consummated or such resolution passed or such direction given or
such instrument executed or issued or done under or in pursuance of this Act.

(9) The provisions of this section shall not apply to share subscription or financing facility or any

acquisition, by a public financial institution, foreign portfolio investor, bank or Category I alternative
investment fund, pursuant to any covenant of a loan agreement or investment agreement.

_Explanation.—For the purposes of this section, the expression—_

(a) “Category I alternative investment fund” has the same meaning as assigned to it under the

Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 made
under the Securities and Exchange Board of India Act, 1992 (15 of 1992);

(b) “foreign portfolio investor” has the same meaning as assigned to it under the Securities

and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019 made under the
Securities and Exchange Board of India Act,1992 (15 of 1992).]

**3[6A. Open offers, etc.— Nothing contained in sub-section (2A) of section 6 and section 43A shall**

prevent the implementation of an open offer or an acquisition of shares or securities convertible into other
securities from various sellers, through a series of transactions on a regulated stock exchange from
coming into effect, if—

1. Subs. by Act 9 of 2023, s. 7, for “sections 29, 30 and 31” (w.e.f. 10-9-2024).
2. Subs. by s. 7, ibid., for sub-sections (4) and (5) and the Explanation (w.e.f. 10-9-2024)
3. Ins. by s. 8, ibid. (w.e.f. 10-9-2024).


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(a) the notice of the acquisition is filed with the Commission within such time and in such

manner as may be specified by regulations; and

(b) the acquirer does not exercise any ownership or beneficial rights or interest in such shares or

convertible securities including voting rights and receipt of dividends or any other distributions,
except as may be specified by regulations, till the Commission approves such acquisition in
accordance with the provisions of sub-section (2A) of section 6 of the Act.

_Explanation.—For the purposes of this section, “open offer” means an open offer made in accordance_

with the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers)
Regulation, 2011 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992).]

CHAPTER III

COMPETITION COMMISSION OF INDIA

**7. Establishment of Commission.—(1) With effect from such date[1] as the Central Government may,**

by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called
the “Competition Commission of India”.

(2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and

a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at such place* as the Central Government may decide

from time to time.

(4) The Commission may establish offices at other places in India.

**2[8. Composition of Commission.—(1) The Commission shall consist of a Chairperson and not less**

than two and not more than six other Members to be appointed by the Central Government.

(2) The Chairperson and every other Member shall be a person of ability, integrity and standing and

who has special knowledge of, and such professional experience of not less than fifteen years in,
international trade, economics, business, commerce, law, finance, accountancy, management, industry
3[technology,] public affairs or competition matters, including competition law and policy, which in the
opinion of the Central Government, may be useful to the Commission.

(3) The Chairperson and other Members shall be whole-time Members.]

4[9. Selection Committee for Chairperson and Members of Commission.—(1) The Chairperson

and other Members of the Commission shall be appointed by the Central Government from a panel of
names recommended by a Selection Committee consisting of—

(a) the Chief Justice of India or his nominee……..Chairperson;

(b) the Secretary in the Ministry of Corporate Affairs………Member;

(c) the Secretary in the Ministry of Law and Justice……….Member;

(d) two experts of repute who have special knowledge of, and professional experience in

international trade, economics, business, commerce, law, finance, accountancy, management,
industry, [5][technology,] public affairs or competition matters including competition law and
policy……….Members.

(2) The term of the Selection Committee and the manner of selection of panel of names shall be such

as may be prescribed.]

1. 14th October, 2003, vide Notification No. S.O. 1198(E), dated 14th October, 2003.

   - New Delhi, vide Notification NO. S.O. 1198(E), dated 14th October, 2003.
2. Subs. by Act 39 of 2007, s. 6, for section 8 (w.e.f. 12-10-2007).
3. Ins. by Act 9 of 2023, s. 9 (w.e.f. 18-5-2023).
4. Subs. by Act 39 of 2007, s. 7, for section 9 (w.e.f. 12-10-2007).
5. Ins. by Act 9 of 2023, s. 10 (w.e.f. 18-5-2023).


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**10. Term of office of Chairperson and other Members.—(1) The Chairperson and every other**

Member shall hold office as such for a term of five years from the date on which he enters upon his office
and shall be eligible for re-appointment:

1[Provided that the Chairperson or other Members shall not hold office as such after he has attained

the age of sixty-five years.]

(2) A vacancy caused by the resignation or removal of the Chairperson or any other Member under

section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions
of sections 8 and 9.

(3) The Chairperson and every other Member shall, before entering upon his office, make and

subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be
prescribed.

(4) In the event of the occurrence of a vacancy in the office of the Chairperson by reason of his death,

resignation or otherwise, the senior-most Member shall act as the Chairperson, until the date on which a
new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters
upon his office.

(5) When the Chairperson is unable to discharge his functions owing to absence, illness or any other

cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which
the Chairperson resumes the charge of his functions.

**11. Resignation, removal and suspension of Chairperson and other Members.—(1) The**

Chairperson or any other Member may, by notice in writing under his hand addressed to the Central
Government, resign his office:

Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to

relinquish his office sooner, continue to hold office until the expiry of three months from the date of
receipt of such notice or until a person duly appointed as his successor enters upon his office or until the
expiry of his term of office, whichever is the earliest.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, by order,

remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case
may be,—

(a) is, or at any time has been, adjudged as an insolvent; or

(b) has engaged at any time, during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the Central Government, involves

moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as

a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public

interest; or

(f) has become physically or mentally incapable of acting as a Member.

(3) Notwithstanding anything contained in sub-section (2), no Member shall be removed from his

office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on
a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in
accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that
the Member, ought on such ground or grounds to be removed.

2[12. Restriction on employment of Chairperson and other Members.—(1) The Chairperson and

other Members shall, for a period of two years from the date on which they cease to hold office, not

1. Subs. by Act 39 of 2007, s. 8, for the proviso (w.e.f. 12-10-2007).
2. Subs. by Act 9 of 2023, s. 11, for section 12 (w.e.f. 18-5-2023).


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accept any employment in or advise as a consultant, retainer or in any other capacity whatsoever, or be
connected with the management or administration of—

(a) any enterprise which is or has been a party to a proceeding before the Commission under this

Act; or

(b) any person who appears or has appeared before the Commission under section 35.

(2) Notwithstanding anything contained in section 35, the Chairperson or any other Member after

retirement or otherwise ceasing to be in service for any reason shall not represent for any person or
enterprise before the Commission:

Provided that nothing contained in this section shall apply to any employment under the Central

Government or a State Government or local authority or in any statutory authority or any corporation
established by or under any Central, State or Provincial Act or a Government company as defined in
clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).]

1[13. Administrative powers of Chairperson.—The Chairperson shall have the powers of general

superintendence, direction and control in respect of all administrative matters of the Commission:

Provided that the Chairperson may delegate such of his powers relating to administrative matters of

the Commission, as he may think fit, to any other Member or officer of the Commission.]

**14. Salary and allowances and other terms and conditions of service of Chairperson and other**

**Members.—(1) The salary, and the other terms and conditions of service, of the Chairperson and other**
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.

(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member

shall not be varied to his disadvantage after appointment.

**15. Vacancy, etc., not to invalidate proceedings of Commission.—No act or proceeding of the**

Commission shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Commission; or

(b) any defect in the appointment of a person acting as a Chairperson or as a Member; or

(c) any irregularity in the procedure of the Commission not affecting the merits of the case.

**16. Appointment of Director General, etc.—[2][(1) The** [3][Commission may, with the prior approval

of the Central Government], appoint a Director General for the purposes of assisting the Commission in
conducting inquiry into contravention of any of the provisions of this Act and for performing such other
functions as are, or may be, provided by or under this Act.

(1A) The number of other Additional, Joint, Deputy or Assistant Directors General or such officers or

other employees in the office of Director General and the manner of appointment of such Additional,
Joint, Deputy or Assistant Directors General or such officers or other employees shall be such as may be
prescribed.]

(2) Every Additional, Joint, Deputy and Assistant Directors General or [4][such officers or other

employees,] shall exercise his powers, and discharge his functions, subject to the general control,
supervision and direction of the Director General.

(3) The salary, allowances and other terms and conditions of service of the Director General and

Additional, Joint, Deputy and Assistant Directors General or [5][such officers or other employees,] shall be
such as may be prescribed.

1. Subs. by Act 39 of 2007, s. 10, for section 13 (w.e.f. 20-5-2009).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 12-10-2007).
3. Subs. by Act 9 of 2023, s. 12, for “Central Government may, by notification” (w.e.f. 18-7-2023).
4. Subs. by Act 39 of 2007, s. 11, for “such other advisers, consultants and officers,” (w.e.f. 12-10-2007).
5. Subs. by s. 11, ibid., for “such other advisers, consultants or officers,” (w.e.f. 12-10-2007).


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(4) The Director General and Additional, Joint, Deputy and Assistant Directors General or [5][such

officers or other employees,] shall be appointed from amongst persons of integrity and outstanding ability
and who have experience in investigation, and knowledge of accountancy, management, business, public
administration, international trade, law or economics and such other qualifications as may be prescribed.

1[17. Appointment of Secretary, experts, professionals and officers and other employees of

**Commission.—(1) The Commission may appoint a Secretary and such officers and other employees as it**
considers necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to and 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 shall be such as may be prescribed.

(3) The Commission may engage, in accordance with the procedure specified by regulations, such

number of experts and professionals of integrity and outstanding ability, who have special knowledge of,
and experience in, economics, law, business or such other disciplines related to competition, as it deems
necessary to assist the Commission in the discharge of its functions under this Act.]

CHAPTER IV

DUTIES, POWERS AND FUNCTIONS OF COMMISSION

2[18. Duties and functions of Commission.—Subject to the provisions of this Act, it shall be the

duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain
competition, protect the interests of consumers and ensure freedom of trade carried on by other
participants, in markets in India:

Provided that the Commission may, for the purpose of discharging its duties or performing its

functions under this Act, enter into any memorandum or arrangement with the prior approval of the
Central Government, with any agency of any foreign country:

Provided further that, the Commission may, for the purpose of discharging its duties or performing its

functions under this Act, enter into any memorandum or arrangement with any statutory authority or
department of Government.]

**19. Inquiry into certain agreements and dominant position of enterprise.—(1) The Commission**

may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or
sub-section (1) of section 4 either on its own motion or on—

(a) [3][receipt of any information, in such manner and] accompanied by such fee as may be

determined by regulations, from any person, consumer or their association or trade association; or

(b) a reference made to it by the Central Government or a State Government or a statutory

authority.

4[Provided that the Commission shall not entertain an information or a reference unless it is filed

within three years from the date on which the cause of action has arisen:

Provided further that an information or a reference may be entertained after the period specified

in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the
information or the reference within such period after recording its reasons for condoning such delay.]

(2) Without prejudice to the provisions contained in sub-section (1), the powers and functions of the

Commission shall include the powers and functions specified in sub-sections (3) to (7).

(3) The Commission shall, while 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;

1. Subs. by Act 39 of 2007, s. 12, for section 17 (w.e.f. 12-10-2007).
2. Subs. by Act 9 of 2023, s. 13, for section 18 (w.e.f. 18-5-2023).
3. Subs. by Act 39 of 2007, s. 13, for “receipt of a complaint” (w.e.f. 20-5-2009).
4. Ins. by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).


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(b) driving existing competitors out of the market;

(c) foreclosure of competition [1]***;

(d) [2][benefits or harm] 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 section 4, 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 acquired as a result of any statute or by virtue of

being a Government company or a public sector undertaking or otherwise;

(h) entry barriers including barriers such as regulatory barriers, financial risk, high capital cost of

entry, marketing entry barriers, technical entry barriers, economies of scale, high cost of substitutable
goods or service for consumers;

(i) countervailing buying power;

(j) market structure and size of market;

(k) social obligations and social costs;

(l) relative advantage, by way of the contribution to the economic development, by the enterprise

enjoying a dominant position having or likely to have an appreciable adverse effect on competition;

(m) any other factor which the Commission may consider relevant for the inquiry.

(5) For determining whether a market constitutes a “relevant market” for the purposes of this Act, the

Commission shall have due regard to the “relevant geographic market’’ and “relevant product market”.

(6) The Commission shall, while determining the “relevant geographic market”, have due regard to

all or any of the following factors, namely:—

(a) regulatory trade barriers;

(b) local specification requirements;

(c) national procurement policies;

(d) adequate distribution facilities;

(e) transport costs;

(f) language;

(g) consumer preferences;

1. The words “by hindering entry into the market” omitted by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).
2. Subs. by s. 14, ibid. for “accrual of benefits” (w.e.f. 18-5-2023).


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(h) need for secure or regular supplies or rapid after-sales services.

1[(i) characteristics of goods or nature of services;

(j) costs associated with switching supply or demand to other areas.]

(7) The Commission shall, while determining the “relevant product market”, have due regard to all or

any of the following factors, namely:—

(a) physical characteristics or end-use of goods [1][or the nature of services];

(b) price of goods or service;

(c) consumer preferences;

(d) exclusion of in-house production;

(e) existence of specialised producers;

(f) classification of industrial products.

1[(g) costs associated with switching demand or supply to other goods or services;

(h) categories of customers.]

**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 [2][clause (c) of
section 5 or acquisition of any control, shares, voting right or assets of an enterprise, merger or
amalgamation referred to in clause (d) 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 [3]***, inquire

whether a combination referred to in that notice or reference has caused or is likely to cause an
appreciable adverse effect on competition in India.

(3) Notwithstanding anything contained in section 5, the Central Government shall, on the expiry of a

period of two years from the date of commencement of this Act and thereafter every two years, in
consultation with the Commission, [4][enhance or reduce by notification, or keep at the same level, on the
basis of the wholesale price index or fluctuations in exchange rate of rupee or foreign currencies, or such
factors that in its opinion are relevant in this matter, the value of assets or the value of turnover or value of
transaction], for the purposes of that section.

(4) For the purposes of determining whether a combination would have the effect of or is likely to

have an appreciable adverse effect on competition in the relevant market, the Commission shall have due
regard to all or any of the following factors, namely:—

(a) actual and potential level of competition through imports in the market;

(b) extent of barriers to entry into the market;

(c) level of [5][concentration] in the market;

(d) degree of countervailing power in the market;

(e) likelihood that the combination would result in the parties to the combination being able to

significantly and sustainably increase prices or profit margins;

1. Ins. by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).
2. Subs. by s. 15, ibid., for “clause (c) of that section” (w.e.f. 18-5-2023).
3. The words, brackets and figures in brackets “or upon receipt of a reference under sub-section (1) of section 21” omitted

by Act 39 of 2007, s. 14 (w.e.f. 1-6-2011).

4. Subs. by Act 9 of 2023, s. 15, for certain words (w.e.f. 18-5-2023).
5. Subs. by s. 15, ibid., for “combination” (w.e.f. 18-5-2023).


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(f) extent of effective competition likely to sustain in a market;

(g) extent to which substitutes are available or are likely to be available in the market;

(h) market share, in the relevant market, of the persons or enterprise in a combination,

individually and as a combination;

(i) likelihood that the combination would result in the removal of a vigorous and effective

competitor or competitors in the market;

(j) nature and extent of vertical integration in the market;

(k) possibility of a failing business;

(l) nature and extent of innovation;

(m) relative advantage, by way of the contribution to the economic development, by any

combination having or likely to have appreciable adverse effect on competition;

(n) whether the benefits of the combination outweigh the adverse impact of the combination, if

any.

**21. Reference by statutory authority.—(1) Where in the course of a proceeding before any statutory**

authority an issue is raised by any party that any decision which such statutory authority has taken or
proposes to take, is or would be, contrary to any of the provisions of this Act, then such statutory
authority may make a reference in respect of such issue to the Commission:

1[Provided that any statutory authority, may, suo motu, make a reference to the Commission on any

issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the
case may be.]

2[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within

sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the
Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the
said opinion.]

**3[21A. Reference by Commission.—(1) Where in the course of a proceeding before the Commission**

an issue is raised by any party that any decision which, the Commission has taken during such proceeding
or proposes to take, is or would be contrary to any provision of [4][an Act] whose implementation is
entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to
the statutory authority:

5[Provided that the Commission, may, _suo motu, make a reference to a statutory authority on any_

issue that involves provisions of an Act whose implementation is entrusted to that statutory authority.]

(2) On receipt of a reference under sub-section (1), the statutory authority shall give its opinion,

within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the
statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in
the said opinion.]

**6[22. Meetings of Commission.—(1) The Commission shall meet at such times and such places, and**

shall observe such rules of procedure in regard to the transaction of business at its meetings as may be
provided by regulations.

(2) The Chairperson, if for any reason, is unable to attend a meeting of the Commission, the

senior-most Member present at the meeting, shall preside at the meeting.

1. Subs. by Act 9 of 2023, s. 16, for the proviso (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 15, for sub-section (2) (w.e.f. 20-5-2009).
3. Ins. by s. 16, ibid. (w.e.f. 20-5-2009).
4. Subs. by Act 9 of 2023, s. 17, for “this Act” (w.e.f. 18-5-2023).
5. Subs. by s. 17, ibid., for the proviso (w.e.f. 18-5-2023).
6. Subs. by Act 39 of 2007, s. 17, for section 22 (w.e.f. 12-10-2007).


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(3) All questions which come up before any meeting of the Commission shall be decided by a

majority of the Members present and voting, [1]***:

Provided that the quorum for such meeting shall be three Members.]
**23. [Distribution of business of Commission amongst Benches.]** _Omitted by the Competition_

(Amendment) Act, 2007 (39 of 2007), s. 18 (w.e.f. 12-10-2007)].

**24. [Procedure for deciding a case where Members of a Bench differ.]** _Omitted by s. 18,_ _ibid._

(w.e.f. 12-10-2007)].

**25. [Jurisdiction of Bench.]** _Omitted by s. 18, ibid. (w.e.f. 12-10-2007)]._

2[26. Procedure for inquiry under section 19.—(1) On receipt of a reference from the Central

Government or a State Government or a statutory authority or on its own knowledge or information
received under section 19, if the Commission is of the opinion that there exists a prima facie case, it shall
direct the Director General to cause an investigation to be made into the matter:

Provided that if the subject matter of an information received is, in the opinion of the Commission,

substantially the same as or has been covered by any previous information received, then the new
information may be clubbed with the previous information.

(2) Where on receipt of a reference from the Central Government or a State Government or a

statutory authority or information received under section 19, the Commission is of the opinion that there
exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send
a copy of its order to the Central Government or the State Government or the statutory authority or the
parties concerned, as the case may be.

3[(2A) The Commission may not inquire into agreement referred to in section 3 or conduct of an

enterprise or group under section 4, if the same or substantially the same facts and issues raised in the
information received under section 19 or reference from the Central Government or a State Government
or a statutory authority has already been decided by the Commission in its previous order.]

(3) The Director General shall, on receipt of direction under sub-section (1), submit a report on his

findings within such period as may be specified by the Commission.

3[(3A) If, after consideration of the report of the Director General referred to in sub-section (3), the

Commission is of the opinion that further investigation is required, it may direct the Director General to
investigate further into the matter.

(3B) The Director General shall, on receipt of direction under sub-section (3A), investigate the matter

and submit a supplementary report on his findings within such period as may be specified by the
Commission.]

(4) The Commission may forward a copy of the report referred to in [4][sub-sections (3) and (3B)] to

the parties concerned:

Provided that in case the investigation is caused to be made based on reference received from the

Central Government or the State Government or the statutory authority, the Commission shall forward a
copy of the report referred to in [4][sub-sections (3) and (3B)] to the Central Government or the State
Government or the statutory authority, as the case may be.

(5) If the report of the Director General referred to in [4][sub-sections (3) and (3B)] recommends that

there is no contravention of the provisions of this Act, the Commission shall invite objections or
suggestions from the Central Government or the State Government or the statutory authority or the parties
concerned, as the case may be, on such report of the Director General.

(6) If, after consideration of the objections or suggestions referred to in sub-section (5), if any, the

Commission agrees with the recommendation of the Director General, it shall close the matter forthwith
and pass such orders as it deems fit and communicate its order to the Central Government or the State
Government or the statutory authority or the parties concerned, as the case may be.

1. The words “and in the event of equality of votes, the Chairperson or in his absence, the Member presiding, shall have a
second or casting vote” omitted by Act 9 of 2023, s. 18 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 19, for section 26 (w.e.f. 20-5-2009).
3. Ins. by Act 9 of 2023, s. 19 (w.e.f. 18-5-2023).
4. Subs. by s. 19, ibid., for “sub-section (3)” (w.e.f. 18-5-2023).


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(7) If, after consideration of the objections or suggestions referred to in sub-section (5), if any, the

Commission is of the opinion that further investigation is called for, it may direct further investigation in
the matter by the Director General or cause further inquiry to be made in the matter or itself proceed with
further inquiry in the matter in accordance with the provisions of this Act.

(8) If the report of the Director General referred to in [1][sub-sections (3) and (3B)] recommends that

there is contravention of any of the provisions of this Act, and the Commission is of the opinion that
further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of
this Act.]

2[(9) Upon completion of the investigation or inquiry under sub-section (7) or sub-section (8), as the

case may be, the Commission may pass an order closing the matter or pass an order under section 27, and
send a copy of its order to the Central Government or the State Government or the statutory authority or
the parties concerned, as the case may be:

Provided that before passing such order, the Commission shall issue a show-cause notice indicating

the contraventions alleged to have been committed and such other details as may be specified by
regulations and give a reasonable opportunity of being heard to the parties concerned.]

**27. Orders by Commission after inquiry into agreements or abuse of dominant position.—**

Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an
enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may
pass all or any of the following orders, namely:—

(a) direct any enterprise or association of enterprises or person or association of persons, as the

case may be, involved in such agreement, or abuse of dominant position, to discontinue and not to
re-enter such agreement or discontinue such abuse of dominant position, as the case may be;

3[(b) impose such penalty, as it may deem fit which shall be not more than ten per cent. of the

average of the turnover or income, as the case may be, for the last three preceding financial years,
upon each of such person or enterprise which is a party to such agreement or has abused its dominant
position:

Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the

Commission may impose upon each producer, seller, distributor, trader or service provider included
in that cartel, a penalty of up to three times of its profit for each year of the continuance of such
agreement or ten per cent. of its turnover or income, as the case may be, for each year of the
continuance of such agreement, whichever is higher.

_Explanation_ 1.—For the purposes of this clause, the expression “turnover” or “income”, as the

case may be, shall be determined in such manner as may be specified by regulations.

_Explanation 2.—For the purposes of this clause, “turnover” means global turnover derived from_

all the products and services by a person or an enterprise.]

4*     -     -     -     
(d) direct that the agreements shall stand modified to the extent and in the manner as may be

specified in the order by the Commission;

(e) direct the enterprises concerned to abide by such other orders as the Commission may pass

and comply with the directions, including payment of costs, if any;

5*     -     -     -     
(g) pass such other [6][order or issue such directions] as it may deem fit:

7[Provided that while passing orders under this section, if the Commission comes to a finding,

that an enterprise in contravention to section 3 or section 4 of the Act is a member of a group as

1. Subs. by Act 9 of 2023, s. 19, for “sub-section (3)” (w.e.f. 18-5-2023).
2. Ins. by s. 19, ibid. (w.e.f. 19-9-2024).
3. Subs. by s. 20, ibid., for clause (b) (w.e.f. 6-3-2024).
4. Clause (c) omitted by Act 39 of 2007, s. 20, (w.e.f. 20-5-2009).
5. Clause (f) omitted by s. 20, ibid. (w.e.f. 20-5-2009).
6. Subs. by s. 20, ibid., for “order” (w.e.f. 20-5-2009).
7. Ins. by s. 20, ibid. (w.e.f. 20-5-2009).


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defined in clause (b) of the Explanation to section 5 of the Act, and other members of such a group
are also responsible for, or have contributed to, such a contravention, then it may pass orders, under
this section, against such members of the group.]

**28. Division of enterprise enjoying dominant position.—(1) The** 1[Commission] may,

notwithstanding anything contained in any other law for the time being in force, by order in writing,
direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse
its dominant position.

(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to

in sub-section (1) may provide for all or any of the following matters, namely:—

(a) the transfer or vesting of property, rights, liabilities or obligations;

(b) the adjustment of contracts either by discharge or reduction of any liability or obligation or

otherwise;

(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities;

2*     -     -     -     
(e) the formation or winding up of an enterprise or the amendment of the memorandum of

association or articles of association or any other instruments regulating the business of any
enterprise;

(f) the extent to which, and the circumstances in which, provisions of the order affecting an

enterprise may be altered by the enterprise and the registration thereof;

(g) any other matter which may be necessary to give effect to the division of the enterprise.

(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.

**29. Procedure for investigation of combinations.—(1) Where the Commission is of the** [3][prima

_facie] opinion that a combination is likely to cause, or has caused an appreciable adverse effect on_
competition within the relevant market in India, it shall issue a notice to show cause to the parties to
combination calling upon them to respond [4][within fifteen days] of the receipt of the notice, as to why
investigation in respect of such combination should not be conducted.

[3][(1A) After receipt of the response of the parties to the combination under sub-section (1), the

Commission may call for a report from the Director General and such report shall be submitted by the
Director General within such time as the Commission may direct.]

5[(1B) The Commission shall, within thirty days of receipt of notice under sub-section (2) of section

6, form its prima facie opinion referred to in sub-section (1).]

(2) The Commission, if it is prima facie of the opinion that the combination has, or is likely to have,

an appreciable adverse effect on competition, it shall, [6][within seven days] from the date of receipt of the
response of the parties to the combination, [3][or the receipt of the report from Director General called
under sub section (1A), whichever is later] direct the parties to the said combination to publish details of
the combination [7][within seven days] of such direction, in such manner, as it thinks appropriate, for
bringing the combination to the knowledge or information of the public and persons affected or likely to
be affected by such combination.

1. Subs. by Act 39 of 2007, s. 21, for “Central Government, on recommendation under clause (f) of section 27”
(w.e.f. 20-5-2009).
2. Clause (d) omitted by s. 21, ibid. (w.e.f. 20-5-2009).
3. Ins. by s. 22, ibid. (w.e.f. 20-5-2009).
4. Subs. by Act 9 of 2023, s. 21, for “within thirty days” (w.e.f. 10-9-2024).
5. Ins. by s. 21, ibid. (w.e.f. 10-9-2024).
6. Subs. by s. 21, ibid., for “within seven working days” (w.e.f. 10-9-2024).
7. Subs. by s. 21, ibid., for “within ten working days” (w.e.f. 10-9-2024).


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(3) The Commission may invite any person or member of the public, affected or likely to be affected

by the said combination, to file his written objections, if any, before the Commission [1][within ten days]
from the date on which the details of the combination were published under sub-section (2).

(4) The Commission may, [2][within seven days] from the expiry of the period specified in

sub-section (3), call for such additional or other information as it may deem fit from the parties to the said
combination.

(5) The additional or other information called for by the Commission shall be furnished by the parties

referred to in sub-section (4) [3][within ten days] from the expiry of the period specified in sub-section (4).

4[(6) After receipt of all information, the Commission shall proceed to deal with the case in

accordance with the provisions contained in section 29A or section 31, as the case may be.

(7) Notwithstanding anything contained in this section, the Commission may accept appropriate

modifications offered by the parties to the combination or _suo motu_ propose modifications, as the case
may be, before forming a prima facie opinion under sub-section (1).]

5[29A. Issue of statement of objections by Commission and proposal of modifications.—(1) Upon

completion of the process under section 29, where the Commission is of the opinion that the combination
has, or is likely to have, an appreciable adverse effect on competition, it shall issue a statement of
objections to the parties identifying such appreciable adverse effect on competition and direct the parties
to explain within twenty-five days of receipt of the statement of objections, why such combination should
be allowed to take effect.

(2) Where the parties to the combination consider that such appreciable adverse effect on competition

can be eliminated by suitable modification to such combination, they may submit an offer of appropriate
modification to the combination along with their explanation to the statement of objections issued under
sub-section (1) in such manner as may be specified by regulations.

(3) If the Commission does not accept the modification submitted by the parties under sub-section (2)

it shall, within seven days from the date of receipt of the proposed modifications under that sub-section,
communicate to the parties as to why the modification is not sufficient to eliminate the appreciable
adverse effect on competition and call upon the parties to furnish, within twelve days of the receipt of the
said communication, revised modification, if any, to eliminate the appreciable adverse effects on
competition:

Provided that the Commission shall evaluate such proposal for modification within twelve days from

receipt of such proposal:

Provided further that the Commission may _suo motu_ propose appropriate modifications to the

combination which may be considered by the parties to the combination.]

**6[30. Procedure in case of notice under sub-section (2) of section 6.—Where any person or**

enterprise has given a notice under sub-section (2) of section 6, the Commission shall examine such
notice and form its prima facie opinion as provided in sub-section (1) of section 29 and proceed as per
provisions contained in that section.]

**31. Orders of Commission on** **[7]*** combinations.—(1) Where the Commission is of the opinion**

that any combination does not, or is not likely to, have an appreciable adverse effect on competition, it
shall, by order, approve that combination [8]*** in respect of which a notice has been given under subsection (2) of section 6.

1. Subs. by Act 9 of 2023, s. 21, for “within fifteen working days” (w.e.f. 10-9-2024).

2. Subs. by s. 21, ibid., for “within fifteen working days” (w.e.f. 10-9-2024).
3. Subs. by s. 21, ibid., for “within fifteen days” (w.e.f. 10-9-2024).
4. Subs. by s. 21, ibid., for sub-section (6) (w.e.f. 10-9-2024).
5. Ins. by s. 22, ibid., (w.e.f. 10-9-2024).
6. Subs. by Act 39 of 2007, s. 23, for section 30 (w.e.f. 1-6-2011).

7. The word “certain” omitted by Act 9 of 2023, s. 23 (w.e.f. 10-9-2024).
8. The words “including the combination” omitted by s. 23, ibid., (w.e.f. 10-9-2024).


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1[ Provided that if the Commission does not form a prima facie opinion as provided under sub-section

(1B) of section 29, the combination shall be deemed to have been approved and no separate order shall be
required to be passed.]

(2) Where the Commission is of the opinion that the combination has, or is likely to have, an

appreciable adverse effect on competition, it shall direct that the combination shall not take effect.

2[(3) Where the Commission is of the opinion that any appreciable adverse effect on competition that

the combination has, or is likely to have, can be eliminated by modification proposed by the parties or the
Commission, as the case may be, under sub-section (7) of section 29 or sub-section (2) or sub-section (3)
of section 29A, it may approve the combination subject to such modifications as it thinks fit.

(4) Where a combination is approved by the Commission under sub-section (3), the parties to the

combination shall carry out such modification within such period as may be specified by the Commission.

(5) Where—

(a) the Commission has directed under sub-section (2) that the combination shall not take effect;

or

(b) the parties to the combination, fail to carry out the modification within such period as may be

specified by the Commission under sub-section (4); or

(c) the Commission is of the opinion that the combination has, or is likely to have, an appreciable

adverse effect on competition which cannot be eliminated by suitable modification to such
combination,

then, without prejudice to any penalty which may be imposed or any prosecution which may be initiated
under this Act, the Commission may order that such combination shall not be given effect to, or be
declared void, or frame a scheme to be implemented by the parties to address the appreciable adverse
effect on competition, as the case may be.

(6) If no order is passed or direction issued by the Commission in accordance with the provisions of

sub-section (1) or sub-section (2) or sub-section (3) or sub-section (5), as the case may be, within a period
of one hundred and fifty days from the date of notice given to the Commission under sub-section (2) of
section 6, the combination shall be deemed to have been approved by the Commission.]

3*  -  -  -  
(13) Where the Commission has ordered a combination to be void, the acquisition or acquiring of

control or merger or amalgamation referred to in section 5, shall be dealt with by the authorities under any
other law for the time being in force as if such acquisition or acquiring of control or merger or
amalgamation had not taken place and the parties to the combination shall be dealt with accordingly.

(14) Nothing contained in this Chapter shall affect any proceeding initiated or which may be initiated

under any other law for the time being in force.

**32. Acts taking place outside India but having an effect on competition in India.—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

1. Ins. by Act 9 of 2023, s. 23, (w.e.f. 10-9-2024).

2. Subs. by s. 23, ibid., for sub-sections (3), (4), (5) and (6) (w.e.f. 10-9-2024).
3. Sub-sections (7), (8), (9), (10), (11) and (12) omitted by s. 23, ibid., (w.e.f. 10-9-2024).


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(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, [2][29, 29A 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].

3[33. Power to issue interim orders.—Where during an inquiry, the Commission is satisfied that an

act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been
committed and continues to be committed or that such act is about to be committed, the Commission may,
by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or
until further orders, without giving notice to such party, where it deems it necessary.]

**34. [Power to award compensation.]** _Omitted by the Competition (Amendment) Act, 2007 (39_ _of_

2007), s. 27 (w.e.f. 12-10-2007).

**35. Appearance before Commission.—[4][1] [5][A party] or the Director General may either appear in**

person or authorise one or more chartered accountants or company secretaries or cost accountants or legal
practitioners or any of his or its officers to present his or its case before the Commission.

_Explanation.—For the purposes of this section,—_

(a) “chartered accountant” means a chartered accountant as defined in clause (b) of

sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has
obtained a certificate of practice under sub-section (1) of section 6 of that Act;

(b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of

section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of
practice under sub-section (1) of section 6 of that Act;

(c) “cost accountant” means a cost accountant as defined in clause (b) of sub-section (1) of

section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a
certificate of practice under sub-section (1) of section 6 of that Act;

(d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a

pleader in practice.

6[(2) Without prejudice to sub-section (1), a party may call upon experts from the fields of economics,

commerce, international trade or from any other discipline to provide an expert opinion in connection
with any matter related to a case.]

**7[36. Power of Commission to regulate its own procedure.—(1) In the discharge of its functions,**

the Commission 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 the powers to
regulate its own procedure.

(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 of 1908), 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 affidavit;

1. Ins. by Act 39 of 2007, s. 25, (w.e.f. 20-5-2009).
2. Subs. by Act 9 of 2023, s. 24, for “29 and 30” (w.e.f. 10-9-2024).
3. Subs. by s. 26, ibid., for section 33 (w.e.f. 20-5-2009).
4. Section 35 shall be numbered as sub-section (1) thereof by Act 9 of 2023, s. 25 (w.e.f. 18-5-2023).
5. Subs. by s. 25, ibid., for “A person or an enterprise” (w.e.f. 18-5-2023).
6. Ins. by s. 25, ibid. (w.e.f. 18-5-2023).
7. Subs. by Act 39 of 2007, s. 29, for section 36 (w.e.f. 12-10-2007).


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(d) issuing commissions for the examination of witnesses or documents;

(e) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act,

1872 (1 of 1872), any public record or document or copy of such record or document from any office.

(3) The Commission may call upon such experts, from the fields of economics, commerce,

accountancy, international trade or from any other discipline as it deems necessary, to assist the
Commission in the conduct of any inquiry by it.

(4) The Commission may direct any person—

(a) to produce before the Director General or the Secretary or an officer authorised by it, such

books or other documents in the custody or under the control of such person so directed as may be
specified or described in the direction, being documents relating to any trade, the examination of
which may be required for the purposes of this Act;

(b) to furnish to the Director General or the Secretary or any other officer authorised by it, as

respects the trade or such other information as may be in his possession in relation to the trade carried
on by such person as may be required for the purposes of this Act.]

**37. [Review of orders of Commission.]** _Omitted by the Competition (Amendment)_ _Act, 2007 (39_ _of_

2007), s. 30 (w.e.f. 12-10-2007).

**38. Rectification of orders.—(1) With a view to rectifying any mistake apparent from the record, the**

Commission may amend any order passed by it under the provisions of this Act.

(2) Subject to the other provisions of this Act, the Commission may make—

(a) an amendment under sub-section (1) of its own motion;

(b) an amendment for rectifying any such mistake which has been brought to its notice by any

party to the order.

_Explanation.—For the removal of doubts, it is hereby declared that the Commission shall not,_

while rectifying any mistake apparent from record, amend substantive part of its order passed under
the provisions of this Act.

**1[39. Execution of orders of Commission imposing monetary penalty.—(1) If a person fails to pay**

any monetary penalty imposed on him under this Act, the Commission shall proceed to recover such
penalty in such manner as may be specified by the regulations.

(2) In a case where the Commission is of the opinion that it would be expedient to recover the penalty

imposed under this Act in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), it
may make a reference to this effect to the concerned income-tax authority under that Act for recovery of
the penalty as tax due under the said Act.

(3) Where a reference has been made by the Commission under sub-section (2) for recovery of

penalty, the person upon whom the penalty has been imposed shall be deemed to be the assessee in
default under the Income-tax Act, 1961 (43 of 1961) and the provisions contained in sections 221 to 227,
228A, 229, 231 and 232 of the said Act and the Second Schedule to that Act and any rules made
there under shall, in so far as may be, apply as if the said provisions were the provisions of this Act and
referred to sums by way of penalty imposed under this Act instead of to income- tax and sums imposed
by way of penalty, fine and interest under the Income–tax Act, 1961 and to the Commission instead of the
Assessing Officer.

_Explanation_ _1.—Any reference to sub-section (2) or sub-section (6) of section 220 of the Income-tax_

Act, 1961 (43 of 1961), in the said provisions of that Act or the rules made thereunder shall be construed
as references to sections 43 to 45 of this Act.

_Explanation 2.—The Tax Recovery Commissioner and the Tax Recovery Officer referred to in the_

Income-tax Act, 1961 (43 of 1961) shall be deemed to be the Tax Recovery Commissioner and the Tax
Recovery Officer for the purposes of recovery of sums imposed by way of penalty under this Act and

1. Subs. by Act 39 of 2007, s. 31, for section 39 (w.e.f. 20-5-2009).


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reference made by the Commission under sub-section (2) would amount to drawing of a certificate by the
Tax Recovery Officer as far as demand relating to penalty under this Act.

_Explanation 3.—Any reference to appeal in Chapter XVIID and the Second Schedule to the_

Income-tax Act, 1961 (43 of 1961), shall be construed as a reference to appeal before the Competition
Appellate Tribunal under section 53B of this Act.]

**40. [Appeal.]—Omitted by the Competition (Amendment)** _Act, 2007 (39_ _of 2007),_ _s. 32_

(w.e.f. 12-10-2007)

CHAPTER V

DUTIES OF DIRECTOR GENERAL

**41. Director General to investigate contraventions.—(1) The Director General shall, when so**

directed by the Commission, assist the Commission in investigating into any contravention of the
provisions of this Act or any rules or regulations made thereunder.

(2) The Director General shall have all the powers as are conferred upon the Commission under

sub-section (2) of section 36.

1[(3) Without prejudice to sub-section (2), it shall be the duty of all officers, other employees and

agents of a party which are under investigation—

(a) to preserve and to produce all information, books, papers, other documents and records of, or

relating to, the party which are in their custody or power to the Director General or any person
authorised by it in this behalf; and

(b) to give all assistance in connection with the investigation to the Director General.

(4) The Director General may require any person other than a party referred to in sub-section (3) to

furnish such information or produce such books, papers, other documents or records before it or any
person authorised by it in this behalf if furnishing of such information or the production of such books,
papers, other documents or records is relevant or necessary for the purposes of its investigation.

(5) The Director General may keep in his custody any information, books, papers, other documents or

records produced under sub-section (3) or sub-section (4) for a period of one hundred and eighty days and
thereafter shall return the same to the person by whom or on whose behalf the information, books, papers,
other documents or records were produced:

Provided that the information, books, papers, other documents or records may be called for by the

Director General if they are needed again for a further period of one hundred and eighty days by an order
in writing:

Provided further that the certified copies of the information, books, papers, other documents or

records, as may be applicable, produced before the Director General may be provided to the party or
person on whose behalf the information, books, papers, other documents or records are produced at their
own cost.

(6) The Director General may examine on oath—

(a) any of the officers and other employees and agents of the party being investigated; and

(b) with the previous approval of the Commission, any other person,

in relation to the affairs of the party being investigated and may administer an oath accordingly and for
that purpose may require any of those persons to appear before it personally.

(7) The examination under sub-section (6) shall be recorded in writing and shall be read over to or by,

and signed by, the person examined and may thereafter be used in evidence against it.

(8) Where in the course of investigation, the Director General has reasonable grounds to believe that

information, books, papers, other documents or records of, or relating to, any party or person, may be
destroyed, mutilated, altered, falsified or secreted, the Director General may make an application to the

1. Subs. by Act 9 of 2023, s. 26, for sub-section (3) (w.e.f. 18-5-2023).


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Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other
documents or records.

(9) The Director General may make requisition of the services of any police officer or any officer of

the Central Government to assist him for all or any of the purposes specified in sub-section (10) and it
shall be the duty of every such officer to comply with such requisition.

(10) The Chief Metropolitan Magistrate, Delhi may, after considering the application and hearing

from the Director General, by order, authorise the Director General—

(a) to enter, with such assistance, as may be required, the place or places where such information,

books, papers, other documents or records are kept;

(b) to search that place or places in the manner specified in the order; and

(c) to seize information, books, papers, other documents or records as it considers necessary for

the purpose of the investigation:

Provided that certified copies of the seized information, books, papers, other documents or records, as

the case may be, may be provided to the party or person from whose place or places such documents have
been seized at its cost.

(11) The Director General shall keep in his custody such information, books, papers, other documents

or records seized under this section for such period not later than the conclusion of the investigation as it
considers necessary and thereafter shall return the same to the party or person from whose custody or
power they were seized and inform the Chief Metropolitan Magistrate, of such return:

Provided that the Director General may, before returning such information, books, papers, other

documents or records take copies of, or extracts thereof or place identification marks on them or any part
thereof.

(12) Save as otherwise provided in this section, every search or seizure made under this section shall

be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974),
relating to search or seizure made under that Code.]

1[Explanation.—For the purposes of this section,—

(a) “agent”, in relation to any person, means any one acting or purporting to act for or on

behalf of such person, and includes the bankers, and persons employed as auditors and legal
advisors, by such person;

(b) “officers”, in relation to any company or body corporate, includes any trustee for the

debenture holders of such company or body corporate;

(c) any reference to officers and other employees or agents shall be construed as a reference

to past as well as present officers and other employees or agents, as the case may be.]

CHAPTER VI

PENALTIES

2[42. Contravention of orders of Commission.—(1) The Commission may cause an inquiry to be

made into compliance of its orders or directions made in exercise of its powers under the Act.

(2) If any person, without reasonable clause, fails to comply with the orders or directions of the

Commission issued under [3][sections 6, 27, 28, 31, 32, 33, 42A, 43, 43A, 44 and 45 of the Act, he shall be
liable to a penalty] which may extend to rupees one lakh for each day during which such non-compliance
occurs, subject to a maximum of rupees ten crore, as the Commission may determine.

(3) If any person does not comply with the orders or directions issued, or fails to [4][pay the penalty

imposed under sub-section (2)], he shall, without prejudice to any proceeding under section 39, be

1. Subs. by Act 9 of 2023, s. 26, for Explanation (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 34, for section 42 (w.e.f. 20-5-2009).
3. Subs. by Act 9 of 2023, s. 27, for “sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine”

(w.e.f. 18-5-2023).

4. Subs. by s. 27, ibid., for “pay the fine imposed under sub-section (2)” (w.e.f. 18-5-2023).


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punishable with imprisonment for a term which may extend to three years, or with fine which may extend
to rupees twenty-five crore, or with both, as the Chief Metropolitan Magistrate, Delhi may deem fit:

Provided that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence under

this section save on a complaint filed by the Commission or any of its officers authorised by it.]

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.]

3[43. Penalty for failure to comply with directions of Commission and Director General.—If any

person fails to comply, without reasonable cause, with a direction given by—

(a) the Commission under sub-sections (2) and (4) of section 36; or

(b) the Director General while exercising powers referred to in sub-section (2) of section 41,

such person [4][shall be liable to a penalty] which may extend to rupees one lakh for each day during which
such failure continues subject to a maximum of rupees one crore, as may be determined by the
Commission.]

5[43A. Power to impose penalty for non-furnishing of information on combination.—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.]

**44. Penalty for making false statement or omission to furnish material information.—If any**

person, being a party to a combination,—

(a) makes a statement which is false in any material particular, or knowing it to be false; or
(b) omits to state any material particular knowing it to be material,

such person shall be liable to a penalty which shall not be less than rupees fifty lakhs but which may
extend to [6][rupees five crore], as may be determined by the Commission.

**45. Penalty for** **[7][contraventions] in relation to furnishing of information.—[8][(1) Without**

prejudice to the provisions of [9][sub-section (6) of section 6 and] section 44, if a person, who furnishes or
is required to furnish under this Act any particulars, documents or any information,—

(a) makes any statement or furnishes any document which he knows or has reason to believe to

be false in any material particular; or

1. Ins. by Act 39 of 2007, s. 35 (w.e.f. 20-5-2009).
2. Subs. by Act 9 of 2023, s. 28, for “under sections 27” (w.e.f. 10-9-2024).
3. Subs. by Act 39 of 2007, s. 36, ibid., for section 43 (w.e.f. 20-5-2009).
4. Subs. by Act 9 of 2023, s. 29, for “shall be punishable with fine” (w.e.f. 18-5-2023).
5. Subs. by s. 30, ibid., for section 43A (w.e.f. 10-9-2024).
6. Subs. by s. 31, ibid., for “rupees one crore” (w.e.f. 18-5-2023).
7. Subs. by s. 32, ibid., for “offences” (w.e.f. 18-5-2023).
8. Subs. by Act 39 of 2007, s. 38, for sub-section (1) (w.e.f. 20-5-2009).
9. Ins. by Act 9 of 2023, s. 32 (w.e.f. 18-5-2023).


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(b) omits to state any material fact knowing it to be material; or

(c) wilfully alters, suppresses or destroys any document which is required to be furnished as

aforesaid,

such person shall be [1][liable to a penalty] which may extend to rupees one crore as may be determined by
the Commission.]

(2) Without prejudice to the provisions of sub-section (1), the Commission may also pass such other

order as it deems fit.

**2[46. Power to impose lesser penalty.—** (1) The Commission may, if it is satisfied that any producer,

seller, distributor, trader or service provider included in any cartel, which is alleged to have violated
section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is
vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as may be
specified by regulations, than leviable under this Act or the rules or the regulations made under this Act:

Provided that lesser penalty shall not be imposed by the Commission in cases where the report of

investigation directed under section 26 has been received before making of such disclosure:

Provided further that lesser penalty shall be imposed by the Commission only in respect of a

producer, seller, distributor, trader or service provider included in the cartel, who has made the full, true
and vital disclosures under this section:

Provided also that lesser penalty shall not be imposed by the Commission if the person making the

disclosure does not continue to co-operate with the Commission till the completion of the proceedings
before the Commission:

Provided also that the Commission may, if it is satisfied that such producer, seller, distributor, trader

or service provider included in the cartel had in the course of proceedings,—

(a) not complied with the condition on which the lesser penalty was imposed by the

Commission; or

(b) had given false evidence; or
(c) the disclosure made is not vital,

and thereupon such producer, seller, distributor, trader or service provider may be tried for the
contravention with respect to which the lesser penalty was imposed and shall also be liable to the
imposition of penalty to which such person has been liable, had lesser penalty not been imposed.

(2) The Commission may allow a producer, seller, distributor, trader or service provider included in

the cartel, to withdraw its application for lesser penalty under this section, in such manner and within such
time as may be specified by regulations.

(3) Notwithstanding anything contained in sub-section (2), the Director General and the Commission

shall be entitled to use for the purposes of this Act, any evidence submitted by a producer, seller,
distributor, trader or service provider in its application for lesser penalty, except its admission

(4) Where during the course of the investigation, a producer, seller, distributor, trader or service

provider who has disclosed a cartel under sub-section (1), makes a full, true and vital disclosure under
sub-section (1) with respect to another cartel in which it is alleged to have violated section 3, which
enables the Commission to form a prima facie opinion under sub-section (1) of section 26 that there exists
another cartel, then the Commission may impose upon such producer, seller, distributor, trader or service
provider a lesser penalty as may be specified by regulations, in respect of the cartel already being
investigated, without prejudice to the producer, seller, distributor, trader or service provider obtaining
lesser penalty under sub-section (1) regarding the newly disclosed cartel.]

**47. Crediting sums realised by way of penalties to Consolidated Fund of India.—All sums**

realised by way of penalties [3][and recovery of legal costs by the Commission] under this Act shall be
credited to the Consolidated Fund of India.

1. Subs. by Act 9 of 2023, s. 32, for “punishable with fine” (w.e.f. 18-5-2023).
2. Subs. by s. 33, ibid, for section 46 (w.e.f. 20-2-2024).
3. Ins. by s. 34, ibid., (w.e.f. 10-9-2024).


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**1[48. Contravention by companies.— (1) Where a person committing contravention of any of the**

provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company,
every person who, at the time the contravention was committed, was in charge of, and was responsible to
the company for the conduct of the business of the company, as well as the company, shall be deemed to
be in contravention of this Act and unless otherwise provided in this Act, the Commission may impose
such penalty on such persons, as it may deem fit which shall not be more than ten per cent. of the average
of the income for the last three preceding financial years:

Provided that in case any agreement referred to in sub-section (3) of section 3 has been entered into

by a cartel, the Commission may unless otherwise provided in this Act, impose upon such persons
referred to in sub-section (1), a penalty of up to ten per cent. of the income for each year of the
continuance of such agreement.

(2) Nothing contained in sub-section (1) shall render any such person liable to any penalty if he

proves that the contravention was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such contravention.

(3) Notwithstanding anything contained in sub-section (1), where a contravention of any of the

provisions of this Act or of any rule, regulation, order made or direction issued thereunder has been
committed by a company and it is proved that the contravention has taken place with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officers of the company, such director, manager, secretary or other officers shall also be deemed to be in
contravention of the provisions of this Act and unless otherwise provided in this Act, the Commission
may impose such penalty on such persons, as it may deem fit which shall not be more than ten per cent. of
the average of the income for the last three preceding financial years:

Provided that in case any agreement referred to in sub-section (3) of section 3 has been entered into

by a cartel, the Commission may, unless otherwise provided under this Act, impose upon such person a
penalty as it may deem fit which shall not exceed ten per cent. of the income for each year of the
continuance of such agreement.

_Explanation.—For the purposes of this section,—_

(a) “company” means a body corporate and includes a firm or other association of individuals;

(b) “director”, in relation to a firm, means a partner in the firm;

(c) “income”, in relation to a person, shall be determined in such manner as may be specified by

regulations.

**48A. Settlement.—(1) Any enterprise, against whom any inquiry has been initiated under**

sub-section (1) of section 26 for contravention of sub-section (4) of section 3 or section 4, may, for
settlement of the proceeding initiated for the alleged contraventions, submit an application in writing to
the Commission in such form and upon payment of such fee as may be specified by regulations.

(2) An application under sub-section (1) may be submitted at any time after the receipt of the report

of the Director General under sub-section (4) of section 26 but prior to such time before the passing of an
order under section 27 or section 28 as may be specified by regulations.

(3) The Commission may, after taking into consideration the nature, gravity and impact of the

contraventions, agree to the proposal for settlement, on payment of such amount by the applicant or on
such other terms and manner of implementation of settlement and monitoring as may be specified by
regulations.

(4) While considering the proposal for settlement, the Commission shall provide an opportunity to the

party concerned, the Director General, or any other party to submit their objections and suggestions, if
any.

(5) If the Commission is of the opinion that the settlement offered under sub-section (1) is not

appropriate in the circumstances or if the Commission and the party concerned do not reach an agreement

1. Subs. by Act 9 of 2023, s. 35, for section 48 (w.e.f. 6-3-2024).


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on the terms of the settlement within such time as may be specified by regulations, it shall, by order,
reject the settlement application and proceed with its inquiry under section 26.

(6) The procedure for conducting the settlement proceedings under this section shall be such as may

be specified by regulations.

(7) No appeal shall lie under section 53B against any order passed by the Commission under this

section.

(8) All settlement amounts, realised under this Act shall be credited to the Consolidated Fund of

India.

**48B. Commitment.—(1) Any enterprise, against whom any inquiry has been initiated under sub-**

section (1) of section 26 for contravention of sub-section (4) of section 3 or section 4, as the case may be,
may submit an application in writing to the Commission, in such form and on payment of such fee as may
be specified by regulations, offering commitments in respect of the alleged contraventions stated in the
Commission's order under sub-section (1) of section 26.

(2) An offer for commitments under sub-section (1) may be submitted at any time after an order under

sub-section (1) of section 26 has been passed by the Commission but within such time prior to the receipt
by the party of the report of the Director General under sub-section (4) of section 26 as may be specified
by regulations.

(3) The Commission may, after taking into consideration the nature, gravity and impact of the alleged

contraventions and effectiveness of the proposed commitments, accept the commitments offered on such
terms and the manner of implementation and monitoring as may be specified by regulations.

(4) While considering the proposal for commitment, the Commission shall provide an opportunity to

the party concerned, the Director General, or any other party to submit their objections and suggestions, if
any.

(5) If the Commission is of the opinion that the commitment offered under sub-section (1) is not

appropriate in the circumstances or if the Commission and the party concerned do not reach an agreement
on the terms of the commitment, it shall pass an order rejecting the commitment application and proceed
with its inquiry under section 26 of the Act.

(6) The procedure for commitments offered under this section shall be such as may be specified by

regulations.

(7) No appeal shall lie under section 53B against any order passed by the Commission under this

section.

**48C. Revocation of the settlement or commitment order and penalty.—If an applicant fails to**

comply with the order passed under section 48A or section 48B or it comes to the notice of the
Commission that the applicant has not made full and true disclosure or there has been a material change in
the facts, the order passed under section 48A or section 48B, as the case may be, shall stand revoked and
withdrawn and such enterprise shall be liable to pay legal costs incurred by the Commission which may
extend to rupees one crore and the Commission may restore or initiate the inquiry in respect of which the
order under section 48A or section 48B was passed.]

CHAPTER VII

COMPETITION ADVOCACY

**49. Competition advocacy.—[1][(1) The Central Government may, in formulating a policy on**

competition (including review of laws related to competition) or on any other matter, and a State
Government may, in formulating a policy on competition or on any other matter, as the case may be,
make a reference to the Commission for its opinion on possible effect of such policy on competition and
on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give
its opinion to the Central Government, or the State Government, as the case may be, which may thereafter
take further action as it deems fit.]

1. Subs. by Act 39 of 2007, s. 40, for sub-section (1) (w.e.f. 12-10-2007).


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(2) The opinion given by the Commission under sub-section (1) shall not be binding upon the Central

Government [1][or the State Government, as the case may be,] in formulating such policy.

(3) The Commission shall take suitable measures [2]*** for the promotion of competition advocacy

3[or culture], creating awareness and imparting training about competition issues.

CHAPTER VIII

FINANCE, ACCOUNTS AND AUDIT

**50. Grants by Central Government.—The Central Government may, after due appropriation made**

by Parliament by law in this behalf, make to the Commission grants of such sums of money as the
Government may think fit for being utilised for the purposes of this Act.

**51. Constitution of Fund.—(1) There shall be constituted a fund to be called the “Competition**

Fund” and there shall be credited thereto—

(a) all Government grants received by the Commission;

4*     -     -     -     
(c) the fees received under this Act;

(d) the interest accrued on the amounts referred to in [5][clauses (a) and (c)].

6[(e) all sums received by the Commission from such other sources as may be decided upon by

the Government.]

(2) The Fund shall be applied for meeting—

(a) the salaries and allowances payable to the Chairperson and other Members and the

administrative expenses including the salaries, allowances and pension payable to the Director
General, Additional, Joint, Deputy or Assistant Directors General, the Registrar and officers and other
employees of the Commission;

(b) the other expenses of the Commission in connection with the discharge of its functions and for

the purposes of this Act.

(3) The Fund shall be administered by a committee of such Members of the Commission as may be

determined by the Chairperson.

(4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying

out the objects for which the Fund has been constituted.

**52. Accounts and audit.—(1) The Commission shall maintain proper accounts and other relevant**

records and prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India

at such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Commission to the Comptroller and Auditor-General of India.

_Explanation.—For the removal of doubts, it is hereby declared that the orders of the Commission,_

being matters appealable to the [7][Appellate Tribunal or the Supreme Court], shall not be subject to audit
under this section.

(3) The Comptroller and Auditor-General of India and any other person appointed by him in

connection with the audit of the accounts of the Commission shall have the same rights, privileges and
authority in connection with such audit as the Comptroller and Auditor-General of India generally has, in
connection with the audit of the Government accounts and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers and other documents and papers and to inspect
any of the offices of the Commission.

1. Ins. by Act 39 of 2007, s. 40, (w.e.f. 12-10-2007).
2. The words “, as may be prescribed,” omitted by s. 40, ibid. (w.e.f. 12-10-2007).
3. Ins. by Act 9 of 2023, s. 36 (w.e.f. 18-5-2023).
4. Cl. (b) omitted by Act 39 of 2007, s. 41 (w.e.f. 12-10-2007).
5. Subs. by s. 41, ibid., for “clauses (a) to (c)” (w.e.f. 12-10-2007).
6. Ins. by Act 9 of 2023, s. 37 (w.e.f. 18-5-2023).

7. Subs. by Act 39 of 2007, s. 42, for “Supreme Court” (w.e.f. 12-10-2007).


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(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or

any other person appointed by him in this behalf together with the audit report thereon shall be forwarded
annually to the Central Government and that Government shall cause the same to be laid before each
House of Parliament.

**53. Furnishing of returns, etc., to Central Government.—(1) The Commission shall furnish to the**

Central Government at such time and in such form and manner as may be prescribed or as the Central
Government may direct, such returns and statements and such particulars in regard to any proposed or
existing measures for the promotion of competition advocacy, creating awareness and imparting training
about competition issues, as the Central Government may, from time to time, require.

(2) The Commission shall prepare once in every year, in such form and at such time as may be

prescribed, an annual report giving a true and full account of its activities during the previous year and
copies of the report shall be forwarded to the Central Government.

(3) A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is

received, before each House of Parliament.

1[CHAPTER VIIIA

2[APPELLATE TRIBUNAL]

**3[** **4[53A. Appellate Tribunal.—The National Company Law Appellate Tribunal constituted under**

section 410 of the Companies Act, 2013 (18 of 2013) shall, on and from the commencement of Part XIV
of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act
and the said Appellate Tribunal shall—

(a) hear and dispose of appeals against any direction issued or decision made or order passed by

the Commission under [5][sub-section (6) of section 6, sub-sections (2), (2A), (6) and (9) of section 26],
section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section
43A, section 44, section 45 or section 46 of this Act; and

(b) adjudicate on claim for compensation that may arise from the findings of the Commission or

the orders of the Appellate Tribunal in an appeal against any finding of the Commission or under
section 42A or under sub-section (2) of section 53Q of this Act, and pass orders for the recovery of
compensation under section 53N of this Act.]

**653B. Appeal to Appellate Tribunal.—(1) The Central Government or the State Government or a**

local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in
clause (a) of section 53A may prefer an appeal to the Appellate Tribunal.

(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from the date on

which a copy of the direction or decision or order made by the Commission is received by the Central
Government or the State Government or a local authority or enterprise or any person referred to in that
sub-section and it shall be in such form and be accompanied by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of

sixty days if it is satisfied that there was sufficient cause for not filing it within that period:

7[Provided further that no appeal by a person, who is required to pay any amount in terms of an order

of the Commission, shall be entertained by the Appellate Tribunal unless the appellant has deposited
twenty-five per cent. of that amount in the manner as directed by the Appellate Tribunal.]

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties

to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming,
modifying or setting aside the direction, decision or order appealed against.

1. Ins. by Act 39 of 2007, s. 43, (w.e.f. 12-10-2007).

2. Subs. by Act 7 of 2017, s. 171, for the heading (w.e.f. 26-5-2017).
3. 12-10-2007, vide S.O. No. 1747(E), dated 12-10-2007.
4. Subs. by Act 7 of 2017, s. 171, for section 53A (w.e.f. 26-5-2017).
5. Subs. by Act 9 of 2023, s. 38, for “sub-sections (2) and (6) of section 26” (w.e.f. 10-9-2024).

6. 20-5-2009, vide S.O. No 1242(E), dated 15-5-2009.
7. Ins. by Act 9 of 2023, s. 39 (w.e.f. 18-5-2023).


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(4) The Appellate Tribunal shall send a copy of every order made by it to the Commission and the

parties to the appeal.

(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as

expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months
from the date of receipt of the appeal.

**153C.** [Composition of Appellate Tribunal.] _Omitted by the Finance Act,_ 2017 (7 of 2017), _s. 171_

(w.e.f. 26-5-2017).

**253D. [Qualifications for appointment of Chairperson and Members of Appellate Tribunal.] Omitted**

_by_ _s. 171, ibid. (w.e.f. 26-5-2017)._

**253E. [Selection Committee.] Omitted by** _s. 171, ibid. (w.e.f. 26-5-2017)._

**253F. [Term of office of Chairperson and Members of Appellate Tribunal.] Omitted by** _s. 171, ibid._

(w.e.f. 26-5-2017).

**253G.** [Terms and conditions of service of Chairperson and Members of Appellate

_Tribunal.] Omitted by_ _s. 171, ibid. (w.e.f. 26-5-2017)._

**253H. [Vacancies.] Omitted by** _s. 171, ibid. (w.e.f. 26-5-2017)._

**253-I.** [Resignation of Chairperson and Members of Appellate Tribunal.] _Omitted by_ _s. 171,_ _ibid._

(w.e.f. 26-5-2017).

**253J. [Member of Appellate Tribunal to act as its Chairperson in certain cases.] Omitted by** _s. 171,_

_ibid. (w.e.f. 26-5-2017)._

**253K. [Removal and suspension of Chairperson and Members of Appellate Tribunal.] Omitted by** _s._

171, ibid. (w.e.f. 26-5-2017).

**253L.** [Restriction on employment of Chairperson and other Members of Appellate Tribunal in

_certain cases.] Omitted by_ _s. 171, ibid. (w.e.f. 26-5-2017)._

**253M. [Staff of Appellate Tribunal.] Omitted by** _s. 171, ibid. (w.e.f. 26-5-2017)._

**253N. Awarding compensation.—(1) Without prejudice to any other provisions contained in this**

Act, the Central Government or a State Government or a local authority or any enterprise or any person
may make an application to the Appellate Tribunal to adjudicate on claim for compensation that may arise
from the findings of the Commission or the orders of the Appellate Tribunal in an appeal against any
findings of the Commission or under section 42A or [3][under sub-section (2) of section 53Q or the orders
of the Supreme Court in an appeal against the findings of the Appellate Tribunal under section 53T or an
order for settlement passed under section 48A, and to pass an order for the recovery of compensation
from any enterprise for any loss or damage shown to have been suffered, by the Central Government or a
State Government or a local authority or any enterprise or any person as a result of any contravention of
the provisions of Chapter II, having been committed by enterprise or as a result of order of settlement
passed by the Commission].

(2) Every application made under sub-section (1) shall be accompanied by the findings of the

Commission [4][or Appellate Tribunal or the Supreme Court, or an order for settlement], if any, and also be
accompanied with such fees as may be prescribed.

(3) The Appellate Tribunal may, after an inquiry made into the allegations mentioned in the

application made under sub-section (1), pass an order directing the enterprise to make payment to the
applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or
damage caused to the applicant as a result of any contravention of the provisions of Chapter II having
been committed by such enterprise:

1. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007.

2. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.
3. Subs. by Act 9 of 2023, s. 40, for certain words (w.e.f. 6-3-2024).
4. Ins. by s. 40, ibid., (w.e.f. 6-3-2024).


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Provided that the Appellate Tribunal may obtain the recommendations of the Commission before

passing an order of compensation.

(4) Where any loss or damage referred to in sub-section (1) is caused to numerous persons having the

same interest, one or more of such persons may, with the permission of the Appellate Tribunal, make an
application under that sub-section for and on behalf of, or for the benefit of, the persons so interested, and
thereupon, the provisions of rule 8 of Order 1 of the First Schedule to the Code of Civil Procedure, 1908
(5 of 1908), shall apply subject to the modification that every reference therein to a suit or decree shall be
construed as a reference to the application before the Appellate Tribunal and the order of the Appellate
Tribunal thereon.

_Explanation.—For the removal of doubts, it is hereby declared that—_

(a) an application may be made for compensation before the Appellate Tribunal only after either

the Commission or the Appellate Tribunal on appeal under clause (a) of sub-section (1) of
section 53A [1][or the Supreme Court on appeal under section 53T] of the Act, has determined in a
proceeding before it that violation of the provisions of the Act has taken place, or if provisions of
section 42A or sub-section (2) of section 53Q of the Act are attracted;

(b) enquiry to be conducted under sub-section (3) shall be for the purpose of determining the

eligibility and quantum of compensation due to a person applying for the same, and not for examining
afresh the findings of the Commission or the Appellate Tribunal [1][or the Supreme Court,] on whether
any violation of the Act has taken place.
**153-O. Procedure and powers of Appellate Tribunal.—(1) The Appellate Tribunal shall not be**

bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), 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 Appellate Tribunal shall have power to regulate its own procedure
including the places at which they shall have their sittings.

(2) The Appellate Tribunal 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 of 1908) 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 affidavit;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872

(1 of 1872), requisitioning any public record or document or copy of such record or document from
any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing a representation for default or deciding it ex parte;

(h) setting aside any order of dismissal of any representation for default or any order passed by it

_ex parte;_

(i) any other matter which may be prescribed.

(3) Every proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings

within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195
and Chapter XXVI of the Code or Criminal Procedure, 1973 (2 of 1974).

**153P. Execution of orders of Appellate Tribunal.—(1) Every order made by the Appellate Tribunal**

shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein,
and it shall be lawful for the Appellate Tribunal to send, in case of its inability to execute such order, to
the court within the local limits of whose jurisdiction,—

1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.


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(a) in the case of an order against a company, the registered office of the company is situated; or
(b) in the case of an order against any other person, place where the person concerned voluntarily

resides or carries on business or personally works for gain, is situated.
(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any

order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if
it were a decree made by that court.

**153Q. Contravention of orders of Appellate Tribunal.—2[(1) Without prejudice to the provisions**

of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate
Tribunal, he shall be liable for contempt proceeding under section 53U.]

(2) 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 contravening,
without any reasonable ground, any order of the Appellate Tribunal or delaying in carrying out such
orders of the Appellate Tribunal.

**353R. [Vacancy in Appellate Tribunal not to invalidate acts or proceedings.] Omitted by** _the Finance_

_Act, 2017 (7 of 2017), s. 171, (w.e.f. 26-5-2017)._

**153-S. Right to legal representation.—(1) A person preferring an appeal to the Appellate Tribunal**

may either appear in person or authorise one or more chartered accountants or company secretaries or cost
accountants or legal practitioners or any of its officers to present his or its case before the Appellate
Tribunal.

(2) The Central Government or a State Government or a local authority or any enterprise preferring

an appeal to the Appellate Tribunal may authorise one or more chartered accountants or company
secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and
every person so authorised may present the case with respect to any appeal before the Appellate Tribunal.

(3) The Commission may authorise one or more chartered accountants or company secretaries or cost

accountants or legal practitioners or any of its officers to act as presenting officers and every person so
authorised may present the case with respect to any appeal before the Appellate Tribunal.

_Explanation.—The expressions “chartered accountant” or “company secretary” or “cost accountant”_

or “legal practitioner” shall have the meanings respectively assigned to them in the _Explanation to_
section 35.

**153T. Appeal to Supreme Court.—The Central Government or any State Government or the**

Commission or any statutory authority or any local authority or any enterprise or any person aggrieved by
any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days
from the date of communication of the decision or order of the Appellate Tribunal to them:

Provided that the Supreme court may, if it is satisfied that the applicant was prevented by sufficient

cause from filing the appeal within the said period, allow it to be filed after the expiry of the said period
of sixty days.

**153U. Power to Punish for contempt.—The Appellate Tribunal shall have, and exercise, the same**

jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise
and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect
subject to modifications that,—

(a) the reference therein to a High Court shall be construed as including a reference to the

Appellate Tribunal;

(b) the references to the Advocate-General in section 15 of the said Act shall be construed as a

reference to such Law Officer as the Central Government may, by notification, specify in this behalf.]

CHAPTER IX

MISCELLANEOUS

**54. Power to exempt.—The Central Government may, by notification, exempt from the application**

of this Act, or any provision thereof, and for such period as it may specify in such notification—

1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.
2. Subs. by Act 9 of 2023, s. 41, for sub-section (1) (w.e.f. 18-5-2023).
3. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007.


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(a) any class of enterprises if such exemption is necessary in the interest of security of the State or

public interest;

(b) any practice or agreement arising out of and in accordance with any obligation assumed by

India under any treaty, agreement or convention with any other country or countries;

(c) any enterprise which performs a sovereign function on behalf of the Central Government or a

State Government:

Provided that in case an enterprise is engaged in any activity including the activity relatable to the

sovereign functions of the Government, the Central Government may grant exemption only in respect
of activity relatable to the sovereign functions.

**55. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing**

provisions of this Act, the Commission shall, in exercise of its powers or the performance of its functions
under this Act, be bound by such directions on questions of policy, other than those relating to technical
and administrative matters, as the Central Government may give in writing to it from time to time:

Provided that the Commission shall, as far as practicable, be given an opportunity to express its views

before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

**56. Power of Central Government to supersede Commission.—(1) If at any time the Central**

Government is of the opinion—

(a) that on account of circumstances beyond the control of the Commission, it is unable to

discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or

(b) that the Commission has persistently made default in complying with any direction given by

the Central Government under this Act or in the discharge of the functions or performance of the
duties imposed on it by or under the provisions of this Act and as a result of such default the financial
position of the Commission or the administration of the Commission has suffered; or

(c) that circumstances exist which render it necessary in the public interest so to do,

the Central Government may, by notification and for reasons to be specified therein, supersede the
Commission for such period, not exceeding six months, as may be specified in the notification:

Provided that before issuing any such notification, the Central Government shall give a reasonable

opportunity to the Commission to make representations against the proposed supersession and shall
consider representations, if any, of the Commission.

(2) Upon the publication of a notification under sub-section (1) superseding the Commission,—

(a) the Chairperson and other Members shall, as from the date of supersession, vacate their

offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be

exercised or discharged by or on behalf of the Commission shall, until the Commission is
reconstituted under sub-section (3), be exercised and discharged by the Central Government or such
authority as the Central Government may specify in this behalf;

(c) all properties owned or controlled by the Commission shall, until the Commission is

reconstituted under sub-section (3), vest in the Central Government.

(3) On or before the expiration of the period of supersession specified in the notification issued under

sub-section (1), the Central Government shall reconstitute the Commission by a fresh appointment of its
Chairperson and other Members and in such case any person who had vacated his office under clause (a)
of sub-section (2) shall not be deemed to be disqualified for re-appointment.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of

any action taken under this section and the circumstances leading to such action to be laid before each
House of Parliament at the earliest.


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**57. Restriction on disclosure of information.—No information relating to any enterprise, being an**

information which has been obtained by or on behalf of [1][the Commission or the Appellate Tribunal] for
the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed
otherwise than in compliance with or for the purposes of this Act or any other law for the time being in
force.

2[58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to

**be public servants.—The Chairperson and other Members and the Director General, Additional, Joint,**
Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission
and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed,
while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants
within the meaning of section 21 of the Indian Penal Code (45 of 1860).]

**59. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall**

lie against the Central Government or Commission or any officer of the Central Government or the
Chairperson or any Member or the Director General, Additional, Joint, Deputy or Assistant Directors
General or [3][the Secretary or officers or other employees of the Commission or the Chairperson,
Members, officers and other employees of the Appellate Tribunal] for anything which is in good faith
done or intended to be done under this Act or the rules or regulations made thereunder.

4[59A. Compounding of certain offences.—Notwithstanding anything contained in the Code of

Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence
punishable with imprisonment only or imprisonment and also with fine, may either before or after the
institution of any proceeding, be compounded by the Appellate Tribunal or a court before which such
proceeding is pending.]

**60. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding**

anything inconsistent therewith contained in any other law for the time being in force.

**61. Exclusion of jurisdiction of civil courts.—No civil court shall have jurisdiction to entertain any**

suit or proceeding in respect of any matter which the [5][Commission or the Appellate Tribunal] is
empowered by or under this Act to determine and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.

**62. Application of other laws not barred.—The provisions of this Act shall be in addition to, and**

not in derogation of, the provisions of any other law for the time being in force.

**63. Power to make rules.—(1) The Central Government may, by notification, make rules to carry**

out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

6[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or

amalgamated in India under clause (e) of section 5;

(ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of

clause (b) of the Explanation to section 5;

(ac) the criteria of combinations under sub-section (4) of section 6;
(ad) the criteria under sub-section (7) of section 6;]
7[ 8[(ae)] the term of the Selection Committee and the manner of selection of panel of names

under sub-section (2) of section 9;]

(b) the form and manner in which and the authority before whom the oath of office and of secrecy

shall be made and subscribed to under sub-section (3) of section 10;

1. Subs. by Act 39 of 2007, s. 44, for “the Commission” (w.e.f. 12-10-2007).
2. Subs. by s. 45, ibid., for section 58 (w.e.f. 12-10-2007).
3. Subs. by s. 46, ibid., for “Registrar or officers or other employees of the Commission” (w.e.f. 12-10-2007).
4. Ins. by Act 9 of 2023, s. 42 (w.e.f. 18-5-2023).
5. Subs. by Act 39 of 2007, s. 47, for “Commission” (w.e.f. 12-10-2007).
6. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
7. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007).
8. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).


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1*     -     -     -     
(d) the salary and the other terms and conditions of service including travelling expenses, house

rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided
to the Chairperson and other Members under sub-section (1) of section 14;

2[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or

other employees in the office of Director General and the manner in which such Additional, Joint,
Deputy or Assistant Directors General or such officers or other employees may be appointed under
sub- section (1A) of section 16;]

(e) the salary, allowances and other terms and conditions of service of the Director General,

Additional, Joint, Deputy or Assistant Directors General or [3][such officers or other employees] under
sub-section (3) of section 16;

(f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or

Assistant Directors General or [6][such officers or other employees] under sub-section (4) of section 16;

(g) the salaries and allowances and other terms and conditions of service of the [4][Secretary] and

officers and other employees payable, and the number of such officers and employees under
sub-section (2) of section 17;

5*     -     -     -     
(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of

section 52;

(l) the time within which and the form and manner in which the Commission may furnish returns,

statements and such particulars as the Central Government may require under sub-section (1) of
section 53;

(m) the form in which and the time within which the annual report shall be prepared under

sub-section (2) of section 53;

6[(ma) the form in which an appeal may be filed before the Appellate Tribunal under

sub-section (2) of section 53B and the fees payable in respect of such appeal;

7*     -     -     -     
(me) the fee which shall be accompanied with every application made under sub-section (2) of

section 53N;

(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the

Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit;]

8[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]

9[(n) the manner in which the monies transferred to the Competition Commission of India or the

Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may
be, under the fourth proviso to sub-section (2) of section 66;]

(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to

be, or may be, made by rules.

(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made

under this Act by the Central Government shall be laid, as soon as may be after it is made, before each

1. Clause (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007)
2. Ins. by s. 48, ibid. (w.e.f. 12-10-2007).
3. Subs. by s. 48, ibid., for “such other advisers, consultants or officers” (w.e.f. 12-10-2007).
4. Subs. by s. 48, ibid., for “Registrar” (w.e.f. 12-10-2007).
5. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007).

6. Ins. by s. 48, ibid. (w.e.f. 12-10-2007).

7. Cls. (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017).
8. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
9. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007).


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House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session, or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or rule, or both Houses agree that the notification should not be issued or rule should
not be made, the notification or rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification or rule, as the case may be.

**64. Power to make regulations.—(1) The Commission may, by notification, make regulations**

consistent with this Act and the rules made thereunder to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations

may provide for all or any of the following matters, namely:—

(a) the cost of production to be determined under clause (b) of the Explanation to section 4;

(b) the form of notice as may be specified and the fee which may be determined under

sub-section (2) of section 6;

1[(c) the manner of determination of substantial business operations in India under clause (d) of

section 5;

(ca) the form and fee for notice for combination under sub-section (4) of section 6;

(cb) the time and manner for filing notice of acquisition under clause (a) of section 6A;

(cc) the manner and circumstance in which the acquirer may exercise the ownership or beneficial

right or interest in shares or convertible securities including voting right and receipt of dividends or
any other distributions as an exception under clause (b) of section 6A;]

2[(d) the procedures to be followed for engaging the experts and professionals under

sub-section (3) of section 17;

(e) the fee which may be determined under clause (a) of sub-section (1) of section 19;

(f) the rules of procedure in regard to the transaction of business at the meetings of the

Commission under sub-section (1) of section 22;

3[(fa) other details to be indicated in the show-cause notice under sub-section (9) of section 26;

(fb) the manner of determining turnover or income under the _Explanation to clause (b) of_

section 27;

(fc) the manner in which modification may be proposed by parties to the combination to the

Commission under sub-section (2) of section 29A;]

(g) the manner in which penalty shall be recovered under sub-section (1) of section 39;

4[(ga) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider

under sub-section (1) of section 46;

(gb) the manner and time for withdrawal of application for lesser penalty under sub-section (2) of

section 46;

(gc) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider

under sub-section (4) of section 46;

(gd) the manner of determining income under clause (c) of Explanation to section 48;

(ge) the form of application and fee under sub-section (1), the time under sub-section (2), the

terms and manner of implementations and monitoring under sub-section (3) and the procedure for
conducting settlement proceedings under sub-section (6) of section 48A;

1. Subs. by Act 9 of 2023, s. 44, for clause (c) (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 49, for clauses (d) and (e) (w.e.f. 12-10-2007).
3. Ins. by Act 9 of 2023, s. 44 (w.e.f. 18-5-2023).
4. Ins. by s. 44, ibid., (w.e.f. 18-5-2023).


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(gf) the form of application and fee under sub-section (1), the time under sub-section (2), the

terms and manner of implementations and monitoring under sub-section (3) and the procedure for
commitments offered under sub-section (6) of section 48B;

(gg) the other details to be published along with draft regulations and the period for inviting

public comments under clause (a) of section 64A;]

(h) any other matter in respect of which provision is to be, or may be, made by regulations.]

(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each

House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation, or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.

1[64A. Process of issuing regulations.—The Commission shall ensure transparency while making

regulations under section 64, by—

(a) publishing draft regulations along with such other details as may be specified on its website

and inviting public comments for a specified period prior to issuing regulations;

(b) publishing a general statement of its response to the public comments, not later than the date

of notification of the regulations;

(c) periodically reviewing such regulations:

Provided that if the Commission is of the opinion that certain regulations are required to be made or

existing regulations are required to be amended urgently in public interest or the subject matter of the
regulation relates solely to the internal functioning of the Commission, it may make regulations or amend
the existing regulations, as the case may be, without following the provisions stated in this section
recording the reason, for doing so.

# 64B. Commission to issue guidelines.— (1) The Commission may publish guidelines on the
 provisions of this Act or the rules and regulations made thereunder either on a request made by a person or on its own motion.

 (2) Guidelines issued under sub-section (1) shall not be construed as determination of any
 question of fact or law by the Commission, its Members or officers and shall not be binding on the Commission, its Members or officers.

 (3) Without prejudice to anything contained in sub-section (1), the Commission shall publish
 guidelines as to the appropriate amount of any penalty for any contravention of provision of this Act.

 (4) While imposing penalty under clause (b) of section 27 or under section 43A or section 48
 for any contravention of provision of this Act, the Commission shall consider the guidelines under sub-section (3) and provide reasons in case of any divergence from such guidelines.

 (5) The guidelines under sub-sections (1) and (3) shall be published in such form as may be
 prescribed.]

**65. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**

this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the
difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years

from the commencement of this Act.

1. Ins. by Act 9 of 2023, s. 45, (w.e.f. 18-5-2023).


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(2) Every order made under this section shall be laid, as soon as may be after it is made, before each

House of Parliament.

**66. Repeal and saving.—[1][(1) The Monopolies and Restrictive Trade Practices Act, 1969**

(54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission
established under sub-section (1) of section 5 of the said Act (hereafter referred to as the repealed Act)
shall stand dissolved.

2*  -  -  -  
(1A) The repeal of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall,

however, not affect,—

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so

repealed; or

(c) any penalty, confiscation or punishment incurred in respect of any contravention under the

Act so repealed; or

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty,

confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted,
continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as
if that Act had not been repealed.]

(2) On the dissolution of the Monopolies and Restrictive Trade Practices Commission, the person

appointed as the Chairman of the Monopolies and Restrictive Trade Practices Commission and every
other person appointed as Member and Director General of Investigation and Registration, Additional,
Joint, Deputy, or Assistant Directors General of Investigation and Registration and any officer and other
employee of that Commission and holding office as such immediately before such dissolution shall vacate
their respective offices and such Chairman and other Members shall be entitled to claim compensation not
exceeding three months’ pay and allowances for the premature termination of term of their office or of
any contract of service:

Provided that the Director General of Investigation and Registration, Additional, Joint, Deputy or

Assistant Directors General of Investigation and Registration or any officer or other employee who has
been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission
appointed on deputation basis to the Monopolies and Restrictive Trade Practices Commission, shall, on
such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be:

3[Provided further that the Director General of Investigation and Registration, Additional, Joint,

Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee
who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices
Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission,
shall become, on and from such dissolution, the officer and employee, respectively, of the Competition
Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central
Government, with the same rights and privileges as to pension, gratuity and other like matters as would
have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices
Commission had not been transferred to, and vested in, the Competition Commission of India or the
Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the
Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or
until his remuneration, terms and conditions of employment are duly altered by the Competition
Commission of India or the Appellate Tribunal, as the case may be:]

Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947

(14 of 1947), or in any other law for the time being in force, the transfer of the services of any Director

1. Subs. by Act 39 of 2007, s. 50, for sub-section (1) (w.e.f. 1-9-2009).
2. The proviso and the Explanation omitted by Act 39 of 2009, s. 2 (w.e.f. 14-10-2009).
3. Subs. by Act 39 of 2007, s. 50, for the second proviso (w.e.f. 1-9-2009).


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General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of
Investigation and Registration or any officer or other employee, employed in the Monopolies and
Restrictive Trade Practices Commission, to [1][the Competition Commission of India or the Appellate
Tribunal, as the case may be,] shall not entitle such Director General of Investigation and Registration,
Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer
or other employee any compensation under this Act or any other law for the time being in force and no
such claim shall be entertained by any court, tribunal or other authority:

Provided also that where the Monopolies and Restrictive Trade Practices Commission has established

a provident fund, superannuation, welfare or other fund for the benefit of the Director General of
Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation
and Registration or the officers and other employees employed in the Monopolies and Restrictive Trade
Practices Commission, the monies relatable to the officers and other employees whose services have been
transferred by or under this Act to [2][the Competition Commission of India or the Appellate Tribunal, as
the case may be, shall, out of the monies standing], on the dissolution of the Monopolies and Restrictive
Trade Practices Commission to the credit of such provident fund, superannuation, welfare or other fund,
stand transferred to, and vest in, [3][the Competition Commission of India or the Appellate Tribunal, as the
case may be, and such monies which stand so transferred shall be dealt with by the said Commission or
the Tribunal, as the case may be, in such manner as may be prescribed.]

4[(3) All cases pertaining to monopolistic trade practices or restrictive trade practices pending

(including such cases, in which any unfair trade practice has also been alleged), before the Monopolies
and Restrictive Trade Practices Commission shall, [5][on the commencement of the Competition
Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated
by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not
been repealed.]

6[Explanation.—For the removal of doubts, it is hereby declared that all cases referred to in this

sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the
losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act,1969
(54 of 1969) as it stood before its repeal.]

(4) Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than

those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade
Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices
Commission [7][immediately before the commencement of the Competition (Amendment) Act, 2009
(39 of 2009), shall, on such commencement], stand transferred to the National Commission constituted
under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission shall dispose of
such cases as if they were cases filed under that Act:

Provided that the National Commission may, if it considers appropriate, transfer any case transferred

to it under this sub-section, to the concerned State Commission established under section 9 of the
Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as if it
was filed under that Act:

8[Provided further that all the cases relating to the unfair trade practices pending, before the National

Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill,
2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate
Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed
Act as if that Act had not been repealed.]

1. Subs. by Act 39 of 2007, s. 50, for “the Central Government” (w.e.f. 1-9-2009).
2. Subs. by s. 50, ibid., for “the Central Government shall, out of the monies standing” (w.e.f. 1-9-2009).
3. Subs. by s. 50, ibid., for certain words (w.e.f. 1-9-2009).
4. Subs. by s. 50, ibid., for sub-section (3) (w.e.f. 1-9-2009).
5. Subs. by Act 39 of 2009, s. 2, for “after the expiry of two years referred to in the proviso to sub-section (1)”

(w.e.f. 14-10-2009).

6. Ins. by s. 2, ibid. (w.e.f. 14-10-2009).
7. Subs. by Act 39 of 2009, s. 2, for “on or before the expiry of two years referred to in the proviso to sub-section (1)”

(w.e.f. 14-10-2009).

8. Ins. by s. 2, ibid. (14-10-2009).


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1[(5) All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section

36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the
Monopolies and Restrictive Trade Practices Commission shall, [2][on the commencement of the
Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the
Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.]

(6) All investigations or proceedings, other than those relating to unfair trade practices, pending

before the Director General of Investigation and Registration on or before the commencement of this Act
shall, on such commencement, stand transferred to the Competition Commission of India, and the
Competition Commission of India may conduct or order for conduct of such investigation or proceedings
in the manner as it deems fit.

(7) All investigations or proceedings, relating to unfair trade practices, other than those referred to in

clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969
(54 of 1969) and pending before the Director General of Investigation and Registration on or before the
commencement of this Act shall, on such commencement, stand transferred to the National Commission
constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission may
conduct or order for conduct of such investigation or proceedings in the manner as it deems fit:

3[Provided that all investigations or proceedings, relating to unfair trade practices pending before the

National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives
the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the
Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner
as it deems fit.]

(8) All investigations or proceedings relating to unfair trade practices referred to in clause (x) of

sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969),
and pending before the Director General of Investigation and Registration on or before the
commencement of this Act shall, on such commencement, stand transferred to the Competition
Commission of India and the Competition Commission of India may conduct or order for conduct of such
investigation in the manner as it deems fit.

(9) Save as otherwise provided under sub-sections (3) to (8), all cases or proceedings pending before

the Monopolies and Restrictive Trade Practices Commission shall abate.

(10) The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to

prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with
regard to the effect of repeal.

1. Subs. by Act 39 of 2007, s. 50, for sub-section (5) (w.e.f. 1-9-2009).
2. Subs. by s. 2, ibid., for certain words (14-10-2009).
3. Ins. by s. 2, ibid. (w.e.f. 14-10-2009).


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