The Competition Act One Liner Notes

THE COMPETITION ACT, 2002

What is the objective of the Competition Act, 2002?	To promote and sustain competition, prevent practices having adverse effect on competition, protect consumer interests, and ensure freedom of trade in markets in India.
Why was the Competition Act enacted with reference to economic development?	To align competition regulation with the economic development of the country.
Which authority is established under the Competition Act, 2002?	A Commission to regulate and enforce competition law in India.
What type of practices does the Act aim to prevent?	Practices having an adverse effect on competition.
How does the Act seek to protect consumers?	By promoting and sustaining competition in markets, thereby safeguarding consumer interests.
What market freedom does the Act ensure?	Freedom of trade carried on by other participants in markets.
Does the Act cover matters incidental or connected to competition regulation?	Yes, it applies to matters connected with or incidental to competition regulation.
When was the Competition Act, 2002 enacted?	13th January, 2003.
What is the official Act number of the Competition Act, 2002?	Act No. 12 of 2003.
By which legislative body was the Competition Act enacted?	By Parliament of India.
In which year of the Republic of India was the Act enacted?	In the Fifty-third Year of the Republic of India.

CHAPTER-I
PRELIMINARY
The short title, extent and commencement is given under which section of the Act?	Section 1
What is the short title of the Act?	The Act may be called the Competition Act, 2002.
To which territorial extent does the Competition Act, 2002 apply?	It extends to the whole of India
How is the commencement of the Competition Act, 2002 determined?	It comes into force on such date as the Central Government may appoint by notification in the Official Gazette.
Can different provisions of the Act come into force on different dates?	Yes, different dates may be appointed for different provisions of the Act.
How should references to commencement be interpreted when provisions commence on different dates?	A reference to the commencement of the Act in any provision shall be construed as a reference to the coming into force of that specific provision.
What does the section 2 of the competition Act deals with?	Definitions
What does "acquisition" mean under the Competition Act?	Defined in Section 2(a), it means directly or indirectly acquiring or agreeing to acquire shares, voting rights, assets, or control over management or assets of any enterprise.
What is included in the term "agreement"?	Defined under Section 2(b), “agreement” means any arrangement, understanding, or action in concert, whether formal or informal, written or unwritten, and whether or not legally enforceable.
What does "Appellate Tribunal” mean under the Competition Act?	Defined under section 2(ba), Appellate Tribunal” means the National Company Law Appellate Tribunal referred to in sub-section (1) of section 53A.
What is a "cartel"?	Defined under section 2(c) “cartel” means an association of producers, sellers, distributors, traders, or service providers who limit, control, or attempt to control production, distribution, sale, price of goods, or provision of services.
Who is the "Chairperson"?	Defined under section 2(d), “chairperson” means the Chairperson of the Competition Commission of India appointed under sub-section (1) of Section 9.
What does "Commission" refer to?	Defined under section 2(e), “Commission” means the Competition Commission of India established under sub-section (1) of Section 7.
What does “Commitment” refer to?	Defined under section 2(ea), “Commitment” means the commitment referred to in section 48B.
Who qualifies as a "consumer"?	Defined under section 2(f), Consumer means a person who— (i) buys any goods for consideration paid, promised, partly paid and partly promised, or under deferred payment, and includes any user of such goods with the buyer’s approval, whether for resale, commercial, or personal use; or (ii) hires or avails any services for consideration paid, promised, partly paid and partly promised, or under deferred payment, and includes any beneficiary of such services with the hirer’s approval, whether for commercial or personal use.
Who is the "Director General"?	Defined in term section 2(g) means, The Director General appointed under sub-section (1) of Section 16, including Additional, Joint, Deputy, or Assistant Directors General.
What is an "enterprise"?	Defined under section 2(h) “enterprise” means a person or a Government department (including its units, divisions, or subsidiaries) engaged, or having been engaged, in any economic activity relating to the production, storage, supply, distribution, acquisition or control of goods, provision of services, investment, or dealing in shares, debentures, or other securities, directly or through its units or divisions or subsidiaries, but excludes activities of the Government relating to sovereign functions, including departments dealing with atomic energy, currency, defence, and space. Explanation: (a) Activity includes profession or occupation; (b) Article and service include new articles and services; (c) Unit or division includes a plant, factory, branch, or office established for production or provision of services.
What does "goods" include according to section 2(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.
Who is a "Member" and where it is defined?	A Member of the Competition Commission of India appointed under sub-section (1) of Section 8, including the Chairperson and defined under section 2(j).
What does “Notification” mean in the Act?	“Notification” defined under section 2(k), means a notification published in the Official Gazette;
What does the section “party” mean in the Act?	The “party” defined under the section 2(ka) 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
What does "person" include?	Defined in term section 2(l), it means Individuals, HUFs, companies, firms, associations, corporations, co-operative societies, local authorities, and other artificial juridical persons.
What does “practice” mean under the Act?	Defined under section 2(m), includes any practice relating to the carrying on of any trade by a person or an enterprise.
What does “prescribed” mean under the Act?	Defined under section 2(n) “prescribed” means prescribed by rules made under this Act
What is the meaning of "price"?	Defined under section 2(o) means, Every valuable consideration for sale of goods or performance of services, direct or indirect, deferred, or ostensible.
What is a "public financial institution"?	Defined under section 2(p) it 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;] Corporations.
What are "regulations"?	Defined under section 2(q) regulations means made by the Commission under Section 64.
What is a "relevant market"?	Defined under section 2(r) it mean the market determined with reference to relevant product or geographic market, or both.
What is a "relevant geographic market"?	Defined under section 2(s) means an area where conditions of competition for supply of goods or services are homogeneous and distinguishable from neighboring areas.
What is a "relevant product market"?	Defined in term section 2(t) means, A market comprising products or services regarded as interchangeable or substitutable by consumers.
What does "service" mean?	Defined in term section 2(u) means, Service of any description made available to users, including industrial, commercial, banking, education, transport, energy, lodging, advertising, and other services.
What does “settlement” mean under the Act?	Defined under section 2(ua), means the settlement referred to in section 48A.
What are "shares"?	Defined under section 2(v) 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.
Who is a "statutory authority"?	Defined under section 2(w) 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.
What is meant by "trade"?	Defined under section 2(x) means any trade, business, industry, profession, or occupation relating to production, supply, distribution, storage, or control of goods and provision of services.
What does "turnover" include?	Defined under section 2(y) means value of sale of goods or services.
How are undefined words interpreted as mentioned under section 2(z) of the Act?	Words not defined in the Act but defined in the Companies Act, 2013, have the meanings assigned in that Act.

CHAPTER-II
PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS
What is the object of Section 3 of the Competition Act, 2002?	Section 3 aims to prohibit anti-competitive agreements that cause or are likely to cause an appreciable adverse effect on competition within India.
What does Section 3(1) prohibit?	Section 3(1) prohibits any enterprise, association of enterprises, person or association of persons from entering into agreements relating to production, supply, distribution, storage, acquisition, control of goods or provision of services which cause or are likely to cause an appreciable adverse effect on competition in India.
What is the effect of an agreement contravening Section 3(1)?	Under Section 3(2), any agreement entered into in contravention of Section 3(1) shall be void.
What type of agreements are covered under Section 3(3)?	Section 3(3) covers agreements between enterprises or persons engaged in identical or similar trade of goods or provision of services, including cartels.
Which agreements are presumed to have an appreciable adverse effect on competition under Section 3(3)?	Agreements which directly or indirectly determine prices, limit or control production or supply, share markets or sources, or result in bid rigging or collusive bidding are presumed to have an appreciable adverse effect on competition.
What is meant by price fixing under Section 3(3)(a)?	It refers to agreements which directly or indirectly determine purchase or sale prices.
What conduct is covered under limiting or controlling markets in Section 3(3)(b)?	It includes agreements that limit or control production, supply, markets, technical development, investment or provision of services.
What does market sharing under Section 3(3)(c) include?	It includes allocation of geographical areas, types of goods or services, number of customers, or any similar method of dividing the market.
What is bid rigging under Section 3(3)(d)?	Bid rigging includes agreements that directly or indirectly result in collusive bidding.
What is the exception provided to Section 3(3) agreements?	The proviso states that joint venture agreements are exempt if they increase efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services.
How is “bid rigging” defined in the Explanation to Section 3(3)?	Bid rigging means any agreement that eliminates or reduces competition for bids or adversely affects or manipulates the bidding process.
What does Section 3(4) deal with?	Section 3(4) deals with vertical agreements entered into between enterprises or persons at different stages or levels of the production chain.
Which agreements are included under Section 3(4)?	Tie-in arrangements, exclusive supply agreements, exclusive distribution agreements, refusal to deal, and resale price maintenance.
When do agreements under Section 3(4) contravene the Act?	They contravene Section 3(1) if they cause or are likely to cause an appreciable adverse effect on competition in India.
What is a tie-in arrangement?	A tie-in arrangement requires a purchaser of goods to purchase some other goods as a condition of such purchase.
What is an exclusive supply agreement?	It is an agreement restricting the purchaser from acquiring or dealing in goods other than those of the seller or any other person.
What is an exclusive distribution agreement?	It includes agreements that limit, restrict or withhold supply of goods or allocate markets or areas for sale.
What does refusal to deal mean?	It includes agreements that restrict or are likely to restrict persons or classes of persons to whom goods are sold or from whom goods are bought.
What is resale price maintenance?	It is an agreement to sell goods on condition that resale prices shall be those stipulated by the seller unless lower prices are clearly permitted.
What is the scope of Section 3(5)?	Section 3(5) provides statutory exceptions to the prohibition of anti-competitive agreements.
Which rights are protected under Section 3(5)(i)?	Rights under copyright, patent, trademark, geographical indications, designs, and semiconductor integrated circuits laws.
What type of conditions are allowed under Section 3(5)(i)?	Reasonable conditions necessary for protecting intellectual property rights are permitted.
What export-related agreements are exempt under Section 3(5)(ii)?	Agreements exclusively relating to production, supply, distribution or control of goods or services for export from India.
What does Section 4 of the Competition Act, 2002 deal with?	Section 4 of the Competition Act, 2002 deals with the prohibition of abuse of dominant position by an enterprise or a group in the relevant market in India.
What is prohibited under Section 4(1)?	Section 4(1) prohibits any enterprise or group from abusing its dominant position.
When is there an abuse of dominant position under Section 4(2)?	There is an abuse of dominant position when an enterprise or group engages in conduct specified under clauses (a) to (e) of Section 4(2).
What constitutes abuse by imposition of unfair or discriminatory conditions under Section 4(2)(a)(i)?	It includes directly or indirectly imposing unfair or discriminatory conditions in the purchase or sale of goods or services.
What constitutes abuse by imposition of unfair or discriminatory prices under Section 4(2)(a)(ii)?	It includes directly or indirectly imposing unfair or discriminatory prices, including predatory pricing, in the purchase or sale of goods or services.
What is excluded from unfair or discriminatory pricing or conditions under Section 4(2)(a)?	Prices or conditions adopted to meet competition are excluded from being considered unfair or discriminatory.
What does Section 4(2)(b)(i) prohibit?	It prohibits limiting or restricting the production of goods, provision of services, or the market for goods or services.
What does Section 4(2)(b)(ii) prohibit?	It prohibits limiting or restricting technical or scientific development relating to goods or services to the prejudice of consumers.
What does denial of market access under Section 4(2)(c) mean?	It refers to practices resulting in denial of market access in any manner by a dominant enterprise or group.
What conduct is covered under Section 4(2)(d)?	It includes making contracts subject to acceptance of supplementary obligations that have no connection with the subject of the contract.
What is covered under Section 4(2)(e)?	It prohibits using dominance in one relevant market to enter into or protect another relevant market.
How is “dominant position” defined under Section 4?	Dominant position means a position of strength enjoyed by an enterprise in the relevant market in India that enables it to operate independently of competitive forces or affect competitors, consumers, or the market in its favour.
What does operating independently of competitive forces mean?	It means the enterprise can act without being constrained by competitors or market pressures.
What is meant by affecting competitors or consumers in its favour?	It refers to the ability of a dominant enterprise to influence market conditions to its own advantage.
What is predatory pricing under Section 4?	Predatory pricing means selling goods or providing services below cost, as determined by regulations, with the intention to reduce competition or eliminate competitors.
What does the term “group” mean for the purposes of Section 4?	Group” means two or more enterprises where one can directly or indirectly exercise signific ant influence over another by: holding 26% or more voting rights, or appointing more than 50% of the board, or controlling the management or affairs of the other enterprise.
What does Section 5 of the Competition Act, 2002 deal with?	Section 5 defines and regulates “combinations”, including acquisitions, mergers, and amalgamations, based on specified asset and turnover thresholds.
What transactions are considered combinations under Section 5?	Acquisition of one or more enterprises, acquisition of control, or merger or amalgamation of enterprises meeting prescribed asset or turnover limits.
When does an acquisition qualify as a combination under Section 5(a)(i)?	When the acquirer and the enterprise being acquired jointly exceed specified asset or turnover thresholds in India or internationally.
What are the India-based thresholds under Section 5(a)(i)(A)?	Assets exceeding ₹1,000 crore or turnover exceeding ₹3,000 crore in India.
What are the international thresholds under Section 5(a)(i)(B)?	Assets exceeding USD 500 million including at least ₹500 crore in India, or turnover exceeding USD 1,500 million including at least ₹1,500 crore in India.
When does a group threshold apply under Section 5(a)(ii)?	When the group to which the acquired enterprise would belong after acquisition exceeds prescribed asset or turnover limits.
What are the India-based group thresholds under Section 5(a)(ii)(A)?	Assets exceeding ₹4,000 crore or turnover exceeding ₹12,000 crore in India.
What are the international group thresholds under Section 5(a)(ii)(B)?	Assets exceeding USD 2 billion including at least ₹500 crore in India, or turnover exceeding USD 6 billion including at least ₹1,500 crore in India.
What does Section 5(b) relate to?	Acquisition of control by a person who already has direct or indirect control over another enterprise engaged in similar, identical, or substitutable goods or services.
When does acquisition of control amount to a combination under Section 5(b)(i)?	When the enterprises jointly exceed specified asset or turnover thresholds.
What are the India-based thresholds under Section 5(b)(i)(A)?	Assets exceeding ₹1,000 crore or turnover exceeding ₹3,000 crore in India.
What are the international thresholds under Section 5(b)(i)(B)?	Assets exceeding USD 500 million including at least ₹500 crore in India, or turnover exceeding USD 1,500 million including at least ₹1,500 crore in India.
When does the group threshold apply under Section 5(b)(ii)?	When the group to which the controlled enterprise would belong after acquisition exceeds specified limits.
What are the India-based group thresholds under Section 5(b)(ii)(A)?	Assets exceeding ₹4,000 crore or turnover exceeding ₹12,000 crore in India.
What are the international group thresholds under Section 5(b)(ii)(B)?	Assets exceeding USD 2 billion including at least ₹500 crore in India, or turnover exceeding USD 6 billion including at least ₹1,500 crore in India.
When does a merger or amalgamation qualify as a combination under Section 5(c)(i)?	When the enterprise remaining after merger or created after amalgamation exceeds prescribed asset or turnover thresholds.
What are the India-based thresholds for merger or amalgamation under Section 5(c)(i)(A)?	Assets exceeding ₹1,000 crore or turnover exceeding ₹3,000 crore in India.
What are the international thresholds for merger or amalgamation under Section 5(c)(i)(B)?	Assets exceeding USD 500 million including at least ₹500 crore in India, or turnover exceeding USD 1,500 million including at least ₹1,500 crore in India.
When does the group threshold apply after merger or amalgamation under Section 5(c)(ii)?	When the group to which the merged or amalgamated enterprise would belong exceeds specified limits.
What are the India-based group thresholds under Section 5(c)(ii)(A)?	Assets exceeding ₹4,000 crore or turnover exceeding ₹12,000 crore in India.
What are the international group thresholds under Section 5(c)(ii)(B)?	Assets exceeding USD 2 billion including at least ₹500 crore in India, or turnover exceeding USD 6 billion including at least ₹1,500 crore in India.
How is “control” defined under the Explanation to Section 5?	Control includes controlling affairs or management by one or more enterprises or groups, jointly or singly, over another enterprise or group.
How is “group” defined under Section 5?	Group means two or more enterprises that can exercise at least 26% voting rights, appoint more than 50% of the board of directors, or control management or affairs of another enterprise.
How is the value of assets determined for combinations?	The value is determined by the book value of assets shown in the audited accounts of the preceding financial year, reduced by depreciation.
What intangible assets are included in asset valuation under Section 5?	Brand value, goodwill, copyright, patent, trademarks, geographical indications, designs, layout-designs, and similar commercial rights.
What does section 6 deals with?	Regulation of combinations
What does Section 6(1) prohibit?	Section 6(1) prohibits any person or enterprise from entering 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.
What does Section 6(2) require before a combination is consummated?	Section 6(2) requires any person or enterprise proposing a combination to give notice to the Commission in the form and fee as may be specified by regulations, disclosing details of the proposed combination after either (a) approval of the merger or amalgamation proposal by the board of directors of the enterprises concerned, or (b) execution of any agreement or other document for acquisition or acquiring control, referred to in clauses (a) and (b) of section 5, but before consummation of the combination.
What is explained in Section 6(3) regarding “other document”?	Section 6(3) explains that “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 consent of the enterprise being acquired, any document executed by the acquiring enterprise conveying a decision to acquire control, shares or voting rights, or where a public announcement has been made under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 for acquisition of shares, voting rights or control, such public document.
When does a combination come into effect under Section 6(2A)?	Section 6(2A) states that no combination shall come into effect until 150 days have passed from the day notice was given to the Commission under sub-section (2) or until the Commission has passed orders under section 31, whichever is earlier.
How shall the Commission deal with a notice under Section 6(2)?	Section 6(3) provides that the Commission shall, after receipt of notice under sub-section (2), deal with such notice in accordance with the provisions contained in sections 29, 29A, 30 and 31.
What does Section 6(4) provide regarding combinations fulfilling prescribed criteria?	Section 6(4) states that notwithstanding anything 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.
What is the effect of filing a notice under Section 6(4) and its acknowledgement?	Section 6(5) provides that 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).
What happens if a combination notified under Section 6(4) does not fulfil requirements or has incorrect information?	Section 6(6) states that 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.
What does Section 6(7) provide regarding exemption from notice requirements?	Section 6(7) states that 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).
What continuity provisions are provided under Section 6(8) regarding rules, regulations, orders, fees, and combinations?	Section 6(8) provides that 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.
Which transactions are excluded from the provisions of Section 6?	Section 6(9) provides that 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.
How are the terms “Category I alternative investment fund” and “foreign portfolio investor” defined for the purposes of Section 6?	Explanation under Section 6 states that—(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); and (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).
What does the provision 6A talks about?	Open offers and acquisition through stock exchange
The section 6A was added by which provision of the Act?	By Act 9 of 2023, inserted by section 8
What is the purpose of Section 6A?	To allow implementation of open offers despite Section 6(2A) and Section 43A, subject to conditions
Which type of acquisitions are covered under the Act?	Acquisition of shares or securities convertible into other securities
What is the Mode of acquisition?	Through a series of transactions on a regulated stock exchange
Is prior CCI approval mandatory before implementation?	Not mandatory, subject to compliance with Section 6A
What is the Condition relating to notice of acquisition?	Notice of acquisition must be filed with the Commission within such time and in such manner as specified in the regulations.
What Restriction on acquirer is specifically mentioned under section 6A(b).	The acquirer shall not exercise ownership or beneficial rights or interest in such shares or convertible securities including voting rights and receipt of dividends or any other distributions
Exception to restriction on acquirer is?	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
What is the Meaning of open offer?	Open offer made under SEBI (SAST) Regulations, 2011
Governing authority for open offer is?	Securities and Exchange Board of India (SEBI)
Parent legislation for SEBI regulations?	SEBI Act, 1992
Effect of non-compliance	Acquisition cannot be approved under the Act

CHAPTER-III
COMPETITION COMMISSION OF INDIA
What is the subject matter of Section 7 of the Competition Act, 2002?	Section 7 provides for the establishment, legal status, and offices of the Competition Commission of India.
When is the Competition Commission of India established?	The Commission is established from such date as the Central Government may appoint by notification.
What is the official name of the Commission established under the Act?	The Commission is called the “Competition Commission of India”.
What is the legal status of the Competition Commission of India?	The Commission is a body corporate with perpetual succession and a common seal.
What powers does the Commission have as a body corporate?	The Commission has the power to acquire, hold and dispose of movable and immovable property and to enter into contracts, subject to the provisions of the Act.
Can the Competition Commission of India sue or be sued?	Yes, the Commission may sue or be sued in its own name.
Where is the head office of the Competition Commission of India located?	The head office shall be at such place as the Central Government may decide from time to time.
Can the Competition Commission of India establish offices at places other than its head office?	Yes, the Commission may establish offices at other places in India.
What is the subject matter of Section 8 of the Competition Act, 2002?	Section 8 deals with the composition of the Competition Commission of India.
Who are the members constituting the Competition Commission of India?	The Commission consists of a Chairperson and not less than two and not more than six other Members.
Who appoints the Chairperson and Members of the Commission?	The Chairperson and Members are appointed by the Central Government.
What qualifications must the Chairperson and Members of the Commission possess?	They must be persons of ability, integrity and standing with special knowledge and professional experience.
What is the minimum professional experience required for appointment as Chairperson or Member?	A minimum of fifteen years of professional experience is required.
In which fields should the Chairperson or Members have special knowledge and experience?	International trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, or competition matters including competition law and policy.
Whose opinion determines whether the experience is useful to the Commission?	The Central Government determines whether the experience is useful to the Commission.
Are the Chairperson and Members whole-time or part-time?	The Chairperson and all other Members are whole-time Members.
What is the subject matter of Section 9 of the Competition Act, 2002?	Section 9 provides for the constitution of the Selection Committee for appointment of the Chairperson and Members of the Competition Commission of India.
How are the Chairperson and Members of the Commission appointed?	They are appointed by the Central Government from a panel of names recommended by a Selection Committee.
Who is the Chairperson of the Selection Committee?	The Chief Justice of India or his nominee is the Chairperson of the Selection Committee.
Which Government officials are members of the Selection Committee?	The Secretary in the Ministry of Corporate Affairs and the Secretary in the Ministry of Law and Justice.
Who are the non-government members of the Selection Committee?	Two experts of repute with special knowledge and professional experience in specified fields.
In which fields must the expert members of the Selection Committee have experience?	International trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, or competition matters including competition law and policy.
Who prescribes the term of the Selection Committee?	The term of the Selection Committee is prescribed as per rules made under the Act.
How is the manner of selection of the panel of names determined?	The manner of selection of the panel of names is prescribed by rules under the Act.
What is the subject matter of Section 10 of the Competition Act, 2002?	Section 10 deals with the term of office, re-appointment, vacancies, oath, and temporary discharge of functions of the Chairperson and Members of the Competition Commission of India.
What is the term of office of the Chairperson and other Members of the Commission?	The Chairperson and every other Member hold office for a term of five years from the date of entering upon office.
Are the Chairperson and Members eligible for re-appointment?	Yes, they are eligible for re-appointment.
What is the maximum age limit for holding office as Chairperson or Member?	The Chairperson or Member shall not hold office after attaining the age of sixty-five years.
How is a vacancy in the office of Chairperson or Member filled?	A vacancy arising due to resignation, removal, death or otherwise is filled by a fresh appointment in accordance with Section 9.
What formal requirement must be completed before entering office?	The Chairperson and every Member must make and subscribe to an oath of office and secrecy in the prescribed form, manner and before the prescribed authority.
Who acts as Chairperson when the office becomes vacant?	In case of vacancy due to death, resignation or otherwise, the senior-most Member acts as Chairperson until a new Chairperson enters office.
Who discharges the functions of the Chairperson during temporary inability?	When the Chairperson is unable to discharge functions due to absence, illness or any other cause, the senior-most Member discharges the functions until the Chairperson resumes charge.
What is the subject matter of Section 11 of the Competition Act, 2002?	Section 11 deals with the resignation, removal and grounds for removal of the Chairperson and other Members of the Competition Commission of India.
How can the Chairperson or a Member resign from office?	The Chairperson or any other Member may resign by giving notice in writing addressed to the Central Government.
From when does resignation take effect?	Unless permitted otherwise by the Central Government, resignation takes effect on the earliest of: expiry of three months from receipt of notice, appointment of successor, or expiry of term of office.
Does the Central Government have the power to remove the Chairperson or Members?	Yes, the Central Government may remove the Chairperson or any other Member by order notwithstanding sub-section (1).
On what grounds can the Chairperson or a Member be removed by the Central Government?	Removal may be ordered if the person is insolvent, engaged in paid employment during tenure, convicted of an offence involving moral turpitude, acquired prejudicial financial interest, abused position against public interest, or is physically or mentally incapable.
Can a Member be removed directly on grounds of financial interest or abuse of position?	No, removal on grounds of prejudicial financial interest or abuse of position requires an inquiry and report by the Supreme Court.
What is the role of the Supreme Court in removal of Members?	The Supreme Court conducts an inquiry on reference by the Central Government and reports whether the Member ought to be removed on specified grounds.
What is the subject matter of Section 12 of the Competition Act, 2002?	Section 12 provides restrictions on post-tenure employment of the Chairperson and other Members of the Competition Commission of India.
What restriction is imposed on the Chairperson and Members after ceasing to hold office?	They shall not, for a period of two years from the date of cessation of office, accept employment in or connected with the management or administration of any enterprise that was a party to a proceeding before the Commission.
From which date does the restriction under Section 12 operate?	The restriction operates from the date on which the Chairperson or Member ceases to hold office.
To which enterprises does the restriction under Section 12 apply?	It applies to any enterprise that has been a party to a proceeding before the Competition Commission under the Act.
What is the duration of the cooling-off period prescribed under Section 12?	The cooling-off period prescribed under Section 12 is two years.
What exceptions are provided to the restriction under Section 12?	The restriction does not apply to employment under the Central Government, State Government, local authority, statutory authority, corporations established by or under a Central, State or Provincial Act, or a Government company.
Does employment under a Government company attract the restriction under Section 12?	No, employment under a Government company as defined under section 617 of the Companies Act, 1956 is exempted from the restriction.
What is the subject matter of Section 13 of the Competition Act, 2002?	Section 13 deals with the administrative powers of the Chairperson of the Competition Commission of India.
Who has administrative control over the Competition Commission under Section 13?	The Chairperson has powers of general superintendence, direction, and control over all administrative matters of the Commission.
What is the nature of powers conferred on the Chairperson under Section 13?	The powers include general superintendence, direction, and control in respect of all administrative matters of the Commission.
Can the Chairperson delegate his administrative powers under Section 13?	Yes, the Chairperson may delegate such administrative powers as he thinks fit.
To whom can the Chairperson delegate administrative powers?	The Chairperson may delegate administrative powers to any other Member or officer of the Commission.
Are the Chairperson’s powers under Section 13 limited to judicial functions?	No, the powers under Section 13 are confined to administrative matters of the Commission.
What does Section 14 of the Competition Act, 2002 deal with?	Section 14 deals with the salary, allowances, and other terms and conditions of service of the Chairperson and other Members of the Commission.
What components are included in the terms and conditions of service under Section 14?	The terms include salary, travelling expenses, house rent allowance, conveyance facilities, sumptuary allowance, and medical facilities.
Can the salary or allowances of the Chairperson or Members be reduced after appointment?	No, the salary, allowances, and other terms and conditions of service shall not be varied to their disadvantage after appointment.
Who prescribes the salary, allowances, and other terms and conditions of service of the Chairperson and Members?	The specific provisions are to be prescribed, typically by rules or regulations made under the Act.
What does section 15 deals with?	Vacancy, etc. not to invalidate proceedings of Commission
What is the main provision of Section 15 of the Competition Act, 2002?	Section 15 ensures that no act or proceeding of the Commission shall be invalid merely due to certain defects.
What defects are specifically mentioned in Section 15 that do not invalidate Commission proceedings?	(a) Any vacancy in, or defect in the constitution of, the Commission; (b) Any defect in the appointment of a person acting as Chairperson or Member; (c) Any irregularity in the procedure of the Commission not affecting the merits of the case.
Does a procedural irregularity automatically invalidate the Commission's decision under Section 15?	No, only irregularities not affecting the merits of the case are disregarded for invalidation purposes.
What does section 16 of the Act deals with?	Appointment of Director General, etc.
Who is responsible for appointing the Director General under Section 16 of the Competition Act, 2002?	The Central Government appoints the Director General by notification.
What is the primary role of the Director General as per Section 16(1)?	To assist the Commission in conducting inquiries into contraventions of the Act and perform other functions provided under the Act.
Can the Director General have a team of officers, and how are they appointed?	Yes, Additional, Joint, Deputy, and Assistant Directors General or other officers/employees may be appointed in the office of the Director General in a manner prescribed.
Under whose supervision do the Additional, Joint, Deputy, and Assistant Directors General perform their duties?	They exercise their powers and discharge functions subject to the general control, supervision, and direction of the Director General.
What are the qualifications required for appointment as Director General or other officers under Section 16(4)?	Persons must have integrity, outstanding ability, experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law, or economics, along with any other prescribed qualifications.
How are the salary, allowances, and other terms of service determined for the Director General and other officers?	They shall be such as may be prescribed under the rules.
What does section 17 of the Act deals with?	Appointment of Secretary, experts, professionals and officers and other employees of Commission
Who can the Competition Commission of India appoint under Section 17(1)?	The Commission may appoint a secretary and such officers and other employees as it considers necessary for efficient performance of its functions.
How are the salaries and terms of service of the Secretary and other employees determined?	They shall be such as may be prescribed under the rules.
Can the Commission engage experts and professionals, and on what basis?	Yes, the Commission may engage experts and professionals of integrity and outstanding ability, with special knowledge and experience in economics, law, business, or other disciplines related to competition, following the procedure specified by regulations.
What is the purpose of engaging experts and professionals under this section?	To assist the Commission in the discharge of its functions under the Act.

CHAPTER-IV
DUTIES, POWERS AND FUNCTIONS OF COMMISSION
What does the section 18 deals with?	Duties of the Commissions
What are the primary duties of the Competition Commission of India under Section 18?	The Commission’s duties are 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.
Can the Commission collaborate with foreign agencies?	Yes, the Commission may enter into any memorandum or arrangement with any foreign agency, but only with the prior approval of the Central Government.
What does the section 19 deals with?	Inquiry into certain agreements and dominant position of enterprise
What is the object and scope of Section 19 of the Competition Act, 2002?	Section 19 empowers the Competition Commission of India to inquire into alleged contraventions of anti-competitive agreements under Section 3(1) and abuse of dominant position under Section 4(1).
How can the Commission initiate an inquiry under Section 19(1)?	The Commission may initiate an inquiry either suo motu or upon receipt of information with the prescribed fee from any person, consumer, association or trade association, or on a reference made by the Central Government, State Government, or a statutory authority.
What additional powers and functions does the Commission have under Section 19(2)?	Without prejudice to Section 19(1), the Commission also exercises the powers and functions specified in sub-sections (3) to (7) of Section 19.
What factors are considered by the Commission to determine appreciable adverse effect on competition under Section 3?	The Commission considers factors such as creation of entry barriers, elimination of existing competitors, foreclosure of competition, consumer benefits, improvements in production or distribution, and promotion of technical, scientific, and economic development.
What is meant by creation of barriers to new entrants under Section 19(3)?	It refers to conditions created by an agreement that make it difficult for new players to enter the market.
How does driving existing competitors out of the market affect competition?	It reduces market rivalry and can lead to monopolistic or anti-competitive outcomes.
Why is accrual of benefits to consumers relevant in assessing anti-competitive agreements?	Consumer benefits such as lower prices, better quality, or increased choices may justify certain agreements despite restrictive effects.
What factors are considered to determine whether an enterprise is dominant under Section 4?	The Commission considers market share, size and resources of the enterprise, size and importance of competitors, economic power, vertical integration, consumer dependence, monopoly status, entry barriers, countervailing buying power, market structure, social obligations, contribution to economic development, and other relevant factors.
Why is market share an important indicator of dominant position?	A high market share may indicate the ability of an enterprise to operate independently of competitive forces.
What is the relevance of entry barriers in determining dominance?	High entry barriers prevent new competitors from entering the market, strengthening the dominant position of an enterprise.
What is countervailing buying power under Section 19(4)?	It refers to the ability of buyers to exert pressure on a dominant enterprise to limit its market power.
How does social obligation and social cost influence dominance assessment?	The Commission considers whether the enterprise’s conduct imposes social costs or obligations affecting competition and public interest.
How is a “relevant market” determined under Section 19(5)?	The relevant market is determined by considering both the relevant geographic market and the relevant product market.
What factors are considered while determining the relevant geographic market?	The Commission considers regulatory trade barriers, local specification requirements, national procurement policies, distribution facilities, transport costs, language, consumer preferences, and the need for secure or regular supplies or rapid after-sales services.
Why is transport cost relevant in defining the geographic market?	Higher transport costs may limit consumer access to goods or services outside a particular area, thereby defining market boundaries.
How do consumer preferences affect the determination of the relevant geographic market?	Distinct consumer preferences across regions may restrict substitutability of goods or services, influencing market definition.
What is the purpose of Section 19(7) of the Competition Act, 2002?	Section 19(7) specifies the factors that the Competition Commission of India must consider while determining the “relevant product market” for the purposes of inquiry under the Act.
Why are physical characteristics or end-use of goods relevant in determining the relevant product market?	Physical characteristics or end-use help assess the substitutability of goods or services from the consumer’s perspective.
How does the price of goods or services influence the determination of the relevant product market?	Price similarity or differences indicate whether products or services are interchangeable and compete within the same market.
What role do consumer preferences play under Section 19(7)?	Consumer preferences help determine demand-side substitutability and whether consumers view different products as acceptable alternatives.
What is meant by exclusion of in-house production in determining the relevant product market?	It refers to situations where goods produced internally by an enterprise are not available in the open market and therefore may be excluded from market assessment.
Why is the existence of specialised producers relevant for defining the product market?	The presence of specialised producers indicates limited substitutability and may justify treating such goods or services as a distinct product market.
How does classification of industrial products assist in defining the relevant product market?	Industrial classifications help identify product groupings and competitive conditions within a particular segment of the market.
What does section 20 deals with?	Inquiry into combination by commission
What is the scope of inquiry under Section 20(1) of the Competition Act, 2002?	Section 20(1) empowers the Competition Commission of India to inquire, on its own knowledge or information, into acquisitions, acquisitions of control, mergers or amalgamations to determine whether such combinations have caused or are likely to cause an appreciable adverse effect on competition in India.
Is there any time limit for the Commission to initiate an inquiry under Section 20(1)?	Yes, the Commission cannot initiate an inquiry under Section 20(1) after the expiry of one year from the date on which the combination has taken effect.
What is the Commission’s duty upon receipt of a notice under Section 6(2)?	Under Section 20(2), upon receipt of a notice under Section 6(2), the Commission must inquire whether the notified combination has caused or is likely to cause an appreciable adverse effect on competition in India.
What power does the Central Government have regarding thresholds under Section 5?	Under Section 20(3), the Central Government may, every two years and in consultation with the Commission, enhance or reduce the asset or turnover thresholds specified in Section 5 based on the wholesale price index or exchange rate fluctuations.
What is the objective of the factors listed under Section 20(4)?	The factors under Section 20(4) guide the Commission in assessing whether a combination has or is likely to have an appreciable adverse effect on competition in the relevant market.
How does import competition affect the Commission’s assessment of a combination?	The Commission considers the actual and potential level of competition through imports to evaluate whether external competitive pressures can constrain market power.
Why are entry barriers relevant in examining combinations?	High entry barriers may prevent new competitors from entering the market, increasing the likelihood that a combination will harm competition.
How does the level of combination in the market influence the inquiry?	The extent of existing concentration or combination in the market helps assess whether further consolidation would adversely affect competition.
What is the significance of countervailing power in the market?	Countervailing power of buyers can limit the ability of the combined entity to exercise market power, thereby reducing anti-competitive effects.
Why does the Commission examine the likelihood of price or profit increases?	This assessment helps determine whether the combination would enable parties to significantly and sustainably increase prices or profit margins.
How is the extent of effective competition relevant under Section 20(4)?	The Commission evaluates whether sufficient effective competition is likely to remain in the market post-combination.
Why are substitutes considered while assessing a combination?	The availability or likelihood of substitutes reduces market power and mitigates potential adverse effects on competition.
How does market share influence the Commission’s inquiry?	Market share, both individually and collectively, indicates the competitive strength of the combining enterprises in the relevant market.
Why does the Commission assess the removal of a vigorous competitor?	The elimination of a strong or effective competitor may substantially lessen competition in the market.
What role does vertical integration play in the assessment of combinations?	The nature and extent of vertical integration may either enhance efficiencies or create foreclosure concerns affecting competition.
Why is the possibility of a failing business relevant?	If one party is a failing business, the combination may be less harmful as the competitive harm might have occurred even without the combination.
How does innovation factor into the Commission’s analysis?	The Commission considers whether the combination would promote or hinder innovation in the market.
Why does the Commission consider economic development advantages?	Relative advantages contributing to economic development may be weighed against adverse competitive effects.
How are benefits weighed against adverse effects under Section 20(4)?	The Commission examines whether the benefits of the combination outweigh its adverse impact on competition, if any.
What is the purpose of Section 21 of the Competition Act, 2002?	Section 21 provides a mechanism for statutory authorities to seek the opinion of the Competition Commission of India when a competition-related issue arises during proceedings before them.
Under what circumstance can a statutory authority make a reference to the Commission under Section 21(1)?	A statutory authority may make a reference when, during the course of its proceedings, a party raises an issue that a decision taken or proposed to be taken by that authority is or would be contrary to the provisions of the Competition Act.
Who can raise the issue leading to a reference under Section 21(1)?	The issue can be raised by any party during the proceedings before the statutory authority.
Can a statutory authority make a reference to the Commission on its own motion?	Yes, the proviso to Section 21(1) allows a statutory authority to make a reference to the Commission suo motu, even if no party raises the issue.
What is the duty of the Competition Commission upon receiving a reference under Section 21?	Upon receiving a reference, the Commission is required to examine the issue and give its opinion to the statutory authority.
Within what time period must the Commission give its opinion under Section 21(2)?	The Commission must give its opinion within sixty days from the date of receipt of the reference.
Is the statutory authority bound by the opinion given by the Commission under Section 21?	No, the statutory authority is not bound by the opinion, but it is required to consider the opinion of the Commission.
What must the statutory authority do after considering the Commission’s opinion?	After considering the Commission’s opinion, the statutory authority must give its findings on the issues referred and record reasons for such findings.
What is the object of Section 21A of the Competition Act, 2002?	Section 21A provides a mechanism for the Competition Commission of India to seek the opinion of a statutory authority when an issue arises during Commission proceedings involving a law administered by that statutory authority.
When can the Competition Commission make a reference under Section 21A(1)?	The Commission may make a reference when, during its proceedings, a party raises an issue that a decision taken or proposed to be taken by the Commission is or would be contrary to any provision of the Competition Act whose implementation is entrusted to a statutory authority.
Can the Competition Commission make a reference without a party raising the issue?	Yes, the proviso to Section 21A(1) empowers the Commission to make a reference suo motu to the statutory authority.
To whom is the reference made by the Commission under Section 21A?	The reference is made to the statutory authority entrusted with the implementation of the provision of law involved in the issue.
What is the obligation of the statutory authority upon receiving a reference under Section 21A(2)?	The statutory authority is required to examine the issue and give its opinion to the Commission.
Within what time period must the statutory authority give its opinion to the Commission?	The statutory authority must give its opinion within sixty days from the date of receipt of the reference.
Is the Competition Commission bound by the opinion of the statutory authority?	No, the Commission is not bound by the opinion, but it must consider the opinion given by the statutory authority.
What must the Commission do after considering the opinion of the statutory authority?	After considering the opinion, the Commission must give its findings on the issues referred and record reasons for such findings.
What is the purpose of Section 22 of the Competition Act, 2002?	Section 22 governs the conduct of meetings of the Competition Commission of India, including timing, procedure, presiding authority, decision-making, and quorum.
Who determines the time, place, and procedure of meetings of the Commission?	The Commission meets at such times and places and follows such rules and procedures for transaction of business as may be provided by regulations.
Who presides over a meeting of the Commission in the absence of the Chairperson?	If the Chairperson is unable to attend a meeting, the senior-most Member present at the meeting presides over it.
How are questions decided at meetings of the Commission?	All questions before a meeting of the Commission are decided by a majority of the Members present and voting.
What happens in case of an equality of votes at a meeting of the Commission?	In case of a tie, the Chairperson, or in his absence the Member presiding, has a second or casting vote.
What is the quorum required for a valid meeting of the Commission?	The quorum for a meeting of the Commission is three Members.
Section 23,24,25 omitted by competition Act, 2007
What des section 26 deals with?	Procedure for inquiry under section 19.
What is the procedure when the Commission receives a reference or information under Section 19 and finds a prima facie case?	Section 26(1) provides that on receipt of a reference from the Central Government, 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.
What action does the Commission take if it finds no prima facie case under Section 19?	Section 26(2) states that where on receipt of a reference from the Central Government, 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, the State Government, the statutory authority, or the parties concerned, as the case may be.
When can the Commission refrain from inquiring into agreements under Section 3 or conduct under Section 4?	Section 26(2A) provides that the Commission may not inquire into an 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, a State Government, or a statutory authority has already been decided by the Commission in its previous order.
What is the Director General required to do on receipt of direction under sub-section (1)?	Section 26(3) provides that 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.
What is the procedure if the Commission requires further investigation after the Director General's report?	Section 26(3A) states that 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. Section 26(3B) provides that 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.
How does the Commission share the report of the Director General with the parties or authorities concerned?	Section 26(4) provides that the Commission may forward a copy of the report referred to in 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, the State Government, or the statutory authority, the Commission shall forward a copy of the report referred to in sub-sections (3) and (3B) to the Central Government, the State Government, or the statutory authority, as the case may be.
What is the procedure if the Director General’s report recommends no contravention of the Act?	Section 26(5) states that if the report of the Director General referred to in 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, the State Government, the statutory authority, or the parties concerned, as the case may be, on such report of the Director General.
What happens after the Commission considers objections or suggestions regarding the Director General’s report?	Section 26(6) provides that 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, the State Government, the statutory authority, or the parties concerned, as the case may be.
What action can the Commission take if, after considering objections or suggestions under sub-section (5), it believes further investigation is necessary?	Section 26(7) provides that 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.
What is the procedure if the Director General’s report recommends contravention of the Act and further inquiry is required?	Section 26(8) provides that if the report of the Director General referred to in 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.
What steps must the Commission follow upon completion of investigation or inquiry under sub-sections (7) or (8)?	Section 26(9) provides that 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, the State Government, 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.
What does section 27 deals with?	Orders by Commission after inquiry into agreements or abuse of dominant position.
What is the scope and purpose of Section 27 of the Competition Act, 2002?	Section 27 empowers the Competition Commission of India to pass appropriate orders after an inquiry where it finds that an agreement or abuse of dominant position contravenes Section 3 or Section 4 of the Act.
When can the Commission exercise powers under Section 27?	The Commission may exercise its powers under Section 27 only after completing an inquiry and recording a finding that there is a contravention of Section 3 or Section 4.
What type of conduct can attract orders under Section 27?	Orders under Section 27 can be passed in cases involving anti-competitive agreements under Section 3 or abuse of dominant position by an enterprise under Section 4.
What direction can the Commission issue under Section 27(a)?	The Commission may direct the concerned enterprise, association, or person to discontinue the anti-competitive agreement or abuse of dominant position and not to re-enter or continue such conduct.
What penalty can be imposed under Section 27(b) for contravention?	The Commission may impose a penalty of up to ten percent of the average turnover of the last three preceding financial years on each person or enterprise involved in the contravention.
What special penalty provision applies in case of a cartel?	In case of a cartel, the Commission may impose a penalty up to three times the profit for each year of the continuance of the cartel or ten percent of turnover for each year, whichever is higher.
What is the effect of omission of clause (c) of Section 27?	Clause (c) of Section 27 has been omitted by the Competition (Amendment) Act, 2007 and has no legal effect.
What power does the Commission have under Section 27(d)?	The Commission may direct that the anti-competitive agreement shall stand modified to the extent and in the manner specified in its order.
What residual directions can be issued under Section 27(e)?	The Commission may direct the concerned enterprises to comply with additional orders or directions, including payment of costs, as it considers appropriate.
What is the significance of omission of clause (f) of Section 27?	Clause (f) has been omitted by the Competition (Amendment) Act, 2007 and is no longer operative.
What is the scope of the Commission’s power under Section 27(g)?	The Commission may pass any other order or issue such directions as it may deem fit to effectively address the contravention.
Can the Commission pass orders against other members of a group under Section 27?	Yes, if the contravening enterprise is part of a group and other group members are responsible for or contributed to the contravention, the Commission may pass orders against those members as well.
What does section 28 deals with?	Division of enterprise enjoying dominant position.
What is the object and scope of Section 28 of the Competition Act, 2002?	Section 28 empowers the Competition Commission of India to order the division of an enterprise enjoying a dominant position in order to prevent abuse of such dominance.
Can the Commission order division of an enterprise despite other laws?	Yes, the Commission may order division of a dominant enterprise notwithstanding anything contained in any other law for the time being in force.
Under what circumstance can the Commission direct division of an enterprise?	The Commission can direct division when an enterprise enjoying a dominant position abuses its dominant position.
What forms of restructuring can be ordered under Section 28(2)(a)?	The Commission may order transfer or vesting of property, rights, liabilities, or obligations of the enterprise.
How can existing contracts be affected under Section 28(2)(b)?	The Commission may order adjustment of contracts by discharge, reduction of liabilities or obligations, or otherwise.
What powers does the Commission have regarding shares and securities under Section 28(2)(c)?	The Commission may direct creation, allotment, surrender, or cancellation of shares, stocks, or securities.
What is the legal status of clause (d) of Section 28(2)?	Clause (d) of Section 28(2) has been omitted by the Competition (Amendment) Act, 2007.
What corporate structural changes can be ordered under Section 28(2)(e)?	The Commission may direct formation or winding up of an enterprise or amendment of its memorandum or articles of association or other governing instruments.
Can the Commission regulate future alterations to an enterprise after division?	Yes, the Commission may specify the extent and circumstances in which provisions of the division order may be altered and require registration of such alterations.
What residual power is provided under Section 28(2)(g)?	The Commission may provide for any other matter necessary to give effect to the division of the enterprise.
Is compensation payable to company officers who lose office due to division?	No, an officer who ceases to hold office due to division of the enterprise is not entitled to claim any compensation for such cessation.
Does Section 28 override contracts and corporate documents?	Yes, Section 28 operates notwithstanding anything contained in any contract, memorandum, articles of association, or other law in force.
What does Section 29 of the Competition Act, 2002 deals with?	Procedure for investigation of combinations.
What notice does the Commission issue if it is of the prima facie opinion that a combination is likely to cause, or has caused, an appreciable adverse effect on competition?	Section 29(1) provides that where the Commission is of the 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 within fifteen days of the receipt of the notice, as to why investigation in respect of such combination should not be conducted.
What report can the Commission call for after receiving responses from parties to a combination?	Section 29(1A) provides that 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.
Within what time must the Commission form its prima facie opinion under Section 29?	Section 29(1B) provides that 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).
What steps must the Commission take if it is prima facie of the opinion that a combination has, or is likely to have, an appreciable adverse effect on competition?	Section 29(2) provides that 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, within seven days from the date of receipt of the response of the parties to the combination, 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 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.
Who may the Commission invite to file objections after the details of a combination are published?	Section 29(3) provides that 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 within ten days from the date on which the details of the combination were published under sub-section (2).
What can the Commission do after the period for filing objections expires?	Section 29(4) provides that the Commission may, 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.
Within what time must the parties furnish the additional information called for by the Commission?	Section 29(5) provides that the additional or other information called for by the Commission shall be furnished by the parties referred to in sub-section (4) within ten days from the expiry of the period specified in sub-section (4).
How does the Commission proceed after receiving all information regarding a combination?	Section 29(6) provides that 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.
Can the Commission propose or accept modifications to a combination before forming a prima facie opinion?	Section 29(7) provides that 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).
What does section 29A deal with?	Issue of statement of objections by Commission and proposal of modifications
Under which provision does the Competition Commission of India issue a statement of objections in combination cases?	The statement of objections is issued under Section 29A of the Competition Act, 2002.
At what stage does Section 29A become applicable?	Section 29A applies after completion of the process under Section 29.
In what circumstance is the Commission required to issue a statement of objections?	The Commission issues a statement of objections when it forms an opinion that a combination has or is likely to have an appreciable adverse effect on competition.
To whom is the statement of objections issued by the Commission?	The statement of objections is issued to the parties to the combination.
What is the purpose of issuing a statement of objections under Section 29A?	The purpose is to identify the appreciable adverse effect on competition and seek justification from the parties.
Within what time period must the parties respond to the statement of objections?	The parties must submit their explanation within twenty-five days of receipt of the statement of objections.
What explanation are the parties required to provide in response to the statement of objections?	The parties must explain why the combination should be allowed to take effect.
Can the parties propose modifications to the combination under Section 29A?	Yes, the parties may propose suitable modifications if they believe the adverse effect can be eliminated.
When must the proposed modification be submitted by the parties?	The proposed modification must be submitted along with the explanation to the statement of objections.
How should the proposed modification be submitted?	The modification must be submitted in the manner specified by regulations.
What action is taken if the Commission does not accept the proposed modification?	The Commission communicates to the parties why the proposed modification is insufficient.
Within what time must the Commission communicate its rejection of the proposed modification?	The Commission must communicate its reasons within seven days from receipt of the proposed modification.
What opportunity is given to the parties after rejection of the proposed modification?	The parties are given an opportunity to submit a revised modification.
What is the time limit for submission of revised modification by the parties?	The revised modification must be submitted within twelve days of receipt of the Commission’s communication.
Within what period must the Commission evaluate the revised modification?	The Commission must evaluate the revised modification within twelve days of receipt.
Does the Commission have the power to propose modifications on its own motion?	Yes, the Commission may suo motu propose appropriate modifications to the combination.
What is the overall objective of Section 29A of the Competition Act?	The objective is to eliminate appreciable adverse effects on competition while allowing combinations through suitable modifications.
What is the subject matter of Section 30 of the Competition Act, 2002?	Section 30 deals with the procedure to be followed by the Competition Commission of India when a notice is given under sub-section (2) of section 6 relating to a proposed combination.
What is the duty of the Commission upon receipt of a notice under Section 6(2)?	The Commission must examine the notice submitted by the person or enterprise.
What opinion must the Commission form after examining the notice under Section 6(2)?	The Commission must form a prima facie opinion as provided under sub-section (1) of section 29.
Which procedure is followed after the Commission forms a prima facie opinion under Section 30?	The Commission proceeds in accordance with the procedure laid down in Section 29 of the Act.
Does Section 30 create a separate inquiry mechanism for notices under Section 6(2)?	No, Section 30 links the procedure for notices under Section 6(2) to the existing inquiry mechanism prescribed under Section 29.
What does section 31 deals with?	Orders of Commission on combinations
When shall the Commission approve a combination under Section 31(1)?	When the combination does not or is not likely to have an appreciable adverse effect on competition.
Can the Commission approve a combination for which notice under Section 6(2) has been given?	Yes, the Commission may approve such a combination by order.
What is the legal effect if the Commission does not form a prima facie opinion under section 29(1B)?	The combination is deemed to have been approved.
Is a separate approval order required when a combination is deemed approved due to absence of prima facie opinion?	No separate order is required to be passed.
What action must the Commission take if a combination has or is likely to have an appreciable adverse effect on competition?	It shall direct that the combination shall not take effect.
Under what circumstance can the Commission approve a combination subject to modifications?	When the appreciable adverse effect on competition can be eliminated by suitable modifications.
Who may propose modifications to eliminate adverse effects on competition?	The parties to the combination or the Commission.
Under which statutory provisions can modifications be proposed?	Under section 29(7) or section 29A(2) or section 29A(3).
What is the nature of approval granted under sub-section (3)?	Conditional approval subject to modifications.
What obligation arises once a combination is approved with modifications?	The parties must carry out the modifications.
Who specifies the time period for implementing modifications?	The Competition Commission.
What happens if the Commission has already directed that the combination shall not take effect?	The Commission may further order that the combination shall not be given effect to or be declared void.
What is the consequence if parties fail to carry out modifications within the specified period?	The Commission may order that the combination shall not be given effect to or be declared void.
What power does the Commission have if adverse effects cannot be eliminated by modification?	It may prohibit, declare the combination void, or frame a remedial scheme.
Does the Commission’s remedial power affect penalties or prosecution under the Act?	No, it is without prejudice to penalties or prosecution.
What remedial options are available to the Commission under sub-section (5)?	Prohibiting the combination, declaring it void, or framing a scheme to address adverse effects.
What is the maximum time limit for the Commission to pass an order or issue directions?	One hundred and fifty days.
From which date is the 150-day period calculated?	From the date of notice given under section 6(2).
What is the consequence if the Commission does not pass any order within 150 days?	The combination is deemed to have been approved.
Which types of orders must be passed within the 150-day period to avoid deemed approval?	Orders under sub-sections (1), (2), (3), or (5).
What is the effect if the Commission does not pass any order or issue any direction within the prescribed time?	The combination shall be deemed to have been approved by the Commission.
What is the maximum time limit prescribed for the Commission to act before deemed approval applies?	One hundred and fifty days.
From which date is the 150-day period calculated?	From the date of notice given to the Commission under section 6(2).
Which types of Commission actions prevent deemed approval under sub-section (6)?	Orders or directions under sub-sections (1), (2), (3) or (5).
Does deemed approval under sub-section (6) require a formal order of the Commission?	No, approval operates automatically by operation of law.
What happens when the Commission orders a combination to be void?	The combination is treated as if it had never taken place.
Which types of combinations are covered when a combination is declared void?	Acquisition, acquiring of control, merger or amalgamation referred to in section 5.
How are void combinations dealt with after being declared void by the Commission?	They are dealt with by authorities under other applicable laws.
Under what legal assumption do other authorities deal with a void combination?	As if the combination had not taken place.
Who is subject to action after a combination is declared void?	The parties to the combination.
Does this Chapter restrict proceedings under other laws?	No, it does not affect proceedings under other laws.
Can proceedings be initiated under other laws even after action under this Chapter?	Yes, proceedings may be initiated or continued under other laws.
What is the scope of protection given to other legal proceedings under sub-section (14)?	It preserves the operation of all other laws.
Does sub-section (14) create immunity from other legal actions?	No, it expressly denies any such immunity.
What is the subject matter of Section 32 of the Competition Act, 2002?	Section 32 deals with acts taking place outside India but having an effect on competition in India.
Does the Commission have jurisdiction over agreements entered into outside India?	Yes, the Commission has the power to inquire even if the agreement referred to in section 3 is entered into outside India.
Can the Commission act if parties to an agreement are located outside India?	Yes, the Commission may inquire even if any party to the agreement is outside India.
Does Section 32 apply to abuse of dominant position by enterprises located outside India?	Yes, the Commission can inquire if an enterprise abusing its dominant position is outside India.
Can combinations taking place outside India be examined under the Act?	Yes, a combination taking place outside India falls within the Commission’s jurisdiction under Section 32.
Is the Commission empowered if parties to a combination are outside India?	Yes, even if any party to the combination is outside India, the Commission may inquire into it.
Does Section 32 cover matters or practices arising outside India?	Yes, any matter, practice, or action arising out of such agreement, dominant position, or combination outside India is covered.
Under which provisions does the Commission conduct an inquiry under Section 32?	The Commission conducts the inquiry in accordance with Sections 19, 20, 26, 29, and 30 of the Act.
What is the condition for exercising jurisdiction under Section 32?	The agreement, abuse of dominant position, or combination must have, or be likely to have, an appreciable adverse effect on competition in the relevant market in India.
What powers does the Commission have after such inquiry under Section 32?	The Commission may pass such orders as it deems fit in accordance with the provisions of the Competition Act.
What is the subject matter of Section 33 of the Competition Act, 2002?	Section 33 deals with the power of the Competition Commission of India to issue interim orders during an inquiry.
At what stage can the Commission exercise power under Section 33?	The Commission can exercise this power during the pendency of an inquiry.
What must the Commission be satisfied about before issuing an interim order?	The Commission must be satisfied that an act in contravention of Section 3(1), Section 4(1), or Section 6 has been committed and continues to be committed, or is about to be committed.
Which provisions’ contraventions are covered under Section 33?	Contravention of Section 3(1) (anti-competitive agreements), Section 4(1) (abuse of dominant position), and Section 6 (regulation of combinations).
What type of order can be passed under Section 33?	The Commission may pass an interim order temporarily restraining any party from carrying on such act.
For how long can such restraint continue?	The restraint may continue until the conclusion of the inquiry or until further orders of the Commission.
Can the Commission issue an interim order without giving notice to the party?	Yes, the Commission may issue the interim order without giving notice to the concerned party.
Why can the Commission issue an order without notice?	The Commission may do so where it deems it necessary to prevent continuation or imminent commission of the contravening act.
What is the nature of an order passed under Section 33?	The order is temporary and preventive in nature, aimed at preserving competition during inquiry.
Section 34	Section 34 was omitted by the Competition (Amendment) Act, 2007 (Act 39 of 2007) with effect from 12 October 2007
What does the section 35 deals with?	Appearance before the commission
Who is entitled to appear before the Competition Commission of India under Section 35?	Under Section 35, a person, an enterprise, or the Director General is entitled to appear before the Competition Commission of India.
Is personal appearance mandatory before the Commission under Section 35?	No, personal appearance is not mandatory; the concerned person or enterprise may authorise representatives to appear on their behalf.
Who can be authorised to represent a person or enterprise before the Commission?	A person or enterprise may authorise chartered accountants, company secretaries, cost accountants, legal practitioners, or its officers to represent them before the Commission.
Can a Director General also be represented through authorised persons?	Yes, the Director General may also appear either in person or through authorised representatives as permitted under Section 35.
What is the meaning of “chartered accountant” for the purpose of Section 35?	A chartered accountant means one defined under Section 2(1)(b) of the Chartered Accountants Act, 1949, who holds a valid certificate of practice under Section 6(1) of that Act.
How is a “company secretary” defined under Section 35?	A company secretary refers to a person defined under Section 2(1)(c) of the Company Secretaries Act, 1980, possessing a certificate of practice under Section 6(1) of that Act.
Who qualifies as a “cost accountant” under Section 35?	A cost accountant is one defined under Section 2(1)(b) of the Cost and Works Accountants Act, 1959, holding a certificate of practice under Section 6(1) of that Act.
Who is considered a “legal practitioner” for appearance before the Commission?	A legal practitioner includes an advocate, vakil, attorney of any High Court, and also a pleader in practice.
What does section 36 deals with?	Power of Commission to regulate its own procedure
What guiding principle must the Competition Commission follow while discharging its functions under Section 36?	The Commission must be guided by the principles of natural justice while discharging its functions.
Does the Competition Commission have the power to regulate its own procedure?	Yes, subject to the provisions of the Act and rules made by the Central Government, the Commission has the power to regulate its own procedure.
Which powers of a Civil Court are vested in the Commission under Section 36(2)?	The Commission has the same powers as a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, for specified matters.
Can the Commission summon and examine persons under oath?	Yes, the Commission has the power to summon and enforce attendance of persons and examine them on oath.
Does the Commission have authority to require production of documents?	Yes, the Commission may require discovery and production of documents.
Is the Commission empowered to receive evidence on affidavit?	Yes, the Commission may receive evidence on affidavit while discharging its functions.
Can the Commission issue commissions for examination purposes?	Yes, the Commission may issue commissions for the examination of witnesses or documents.
Does the Commission have power to requisition public records?	Yes, subject to Sections 123 and 124 of the Indian Evidence Act, 1872, the Commission may requisition public records or documents from any office.
Can the Commission seek assistance from experts during inquiry?	Yes, the Commission may call upon experts from fields such as economics, commerce, accountancy, international trade, or other disciplines to assist in inquiries.
Can the Commission direct production of books and documents?	Yes, the Commission may direct any person to produce books or documents relating to trade before the Director General, Secretary, or an authorised officer.
Is the Commission empowered to seek information relating to trade activities?	Yes, the Commission may direct any person to furnish information relating to trade carried on by such person for the purposes of the Act.
Section 37	Omitted
What does section 38 deals with?	Rectification of orders
What is the purpose of rectification of orders under Section 38 of the Competition Act?	The purpose is to rectify any mistake apparent from the record in an order passed by the Commission.
Does the Competition Commission have the power to amend its own orders?	Yes, the Commission may amend any order passed by it to rectify a mistake apparent from the record.
Can the Commission initiate rectification proceedings on its own?	Yes, the Commission may make an amendment under Section 38(1) on its own motion.
Can a party to the order request rectification by the Commission?	Yes, rectification may be made when a mistake apparent from the record is brought to the notice of the Commission by any party to the order.
Is the Commission allowed to amend the substantive part of its order while rectifying mistakes?	No, while rectifying a mistake apparent from the record, the Commission cannot amend the substantive part of its order.
What type of mistake can be corrected under Section 38?	Only mistakes that are apparent from the record can be corrected under Section 38.
What does section 39 deals with?	Execution of orders of Commission imposing monetary penalty.
What action can the Competition Commission take if a person fails to pay a monetary penalty imposed under the Act?	If a person fails to pay a monetary penalty, the Commission shall proceed to recover the penalty in the manner specified by the regulations.
Can the Competition Commission recover penalties using the mechanism under the Income-tax Act, 1961?	Yes, if the Commission considers it expedient, it may refer the matter to the concerned income-tax authority for recovery of the penalty as tax due under the Income-tax Act, 1961.
What is the legal status of a person against whom penalty recovery proceedings are initiated under the Income-tax Act?	Such person shall be deemed to be an assessee in default under the Income-tax Act, 1961.
Which provisions of the Income-tax Act apply when a penalty is recovered through income-tax authorities?	Sections 221 to 227, 228A, 229, 231, 232 and the Second Schedule of the Income-tax Act, along with relevant rules, apply as if they were provisions of the Competition Act.
How are references to income tax, penalties, and authorities interpreted during recovery of competition penalties?	References to income tax, penalties, fines, and interest under the Income-tax Act are construed as references to penalties imposed under the Competition Act, and references to the Assessing Officer are construed as references to the Commission.
How are references to Section 220(2) or Section 220(6) of the Income-tax Act interpreted for penalty recovery under this Act?	Such references are construed as references to Sections 43 to 45 of the Competition Act.
Who acts as the Tax Recovery Commissioner and Tax Recovery Officer for recovery of penalties under the Competition Act?	The Tax Recovery Commissioner and Tax Recovery Officer under the Income-tax Act are deemed to act in the same capacity for recovery of penalties imposed under the Competition Act.
What is the legal effect of a reference made by the Commission to income-tax authorities for penalty recovery?	The reference is deemed to amount to the drawing of a recovery certificate by the Tax Recovery Officer for the demand relating to the penalty.
How are appeals under the Income-tax Act treated in cases of recovery of penalties under the Competition Act?	Any reference to appeal under Chapter XVII-D and the Second Schedule of the Income-tax Act is construed as a reference to an appeal before the Competition Appellate Tribunal under Section 53B of the Competition Act.
Section 40- Appeal	Omitted

CHAPTER-V
DUTIES OF DIRECTOR GENERAL
Section 41 deal with what?	Director General to investigate contravention
What is the role of the Director General in investigating contraventions under the Competition Act?	Section 41(1) provides that 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.
What powers does the Director General have while conducting an investigation?	Section 41(2) provides that the Director General shall have all the powers as are conferred upon the Commission under sub-section (2) of section 36.
What are the duties of officers, employees and agents of a party under investigation?	Section 41(3), without prejudice to sub-section (2), provides that 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.
Can the Director General require information from persons other than the party under investigation?	Section 41(4) provides that 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.
For how long can the Director General retain documents and records produced during investigation?	Section 41(5) provides that 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.
Can the Director General retain the documents beyond one hundred and eighty days?	The first proviso to Section 41(5) provides 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.
Are parties entitled to obtain copies of documents produced before the Director General?	The second proviso to Section 41(5) provides 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.
What power does the Director General have to examine persons on oath during investigation?	Section 41(6) provides that 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.
How is the examination conducted under Section 41(6) required to be recorded and used?	Section 41(7) provides that 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.
When can the Director General seek seizure of documents during investigation?	Section 41(8) provides that 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 Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records.
Can the Director General requisition assistance from police or Central Government officers?	Section 41(9) provides that 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.
What powers may the Chief Metropolitan Magistrate, Delhi authorise upon application by the Director General?	Section 41(10) provides that 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.
Is any safeguard provided to the party whose documents are seized under Section 41(10)?	The proviso to Section 41(10) provides 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.
For how long may the Director General retain seized documents and what is required after their return?	Section 41(11) provides that 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.
Does the Director General have any power to make copies or mark seized documents before returning them?	The proviso to Section 41(11) provides 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.
Which procedure governs searches and seizures under Section 41?	Section 41(12) provides that 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.
Who is an “agent” for the purposes of Section 41?	Clause (a) of the Explanation to Section 41 provides that “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.
Who are considered “officers” in relation to a company or body corporate under Section 41?	Clause (b) of the Explanation to Section 41 provides that “officers”, in relation to any company or body corporate, includes any trustee for the debenture holders of such company or body corporate.
Do references to officers, employees or agents include past persons under Section 41?	Clause (c) of the Explanation to Section 41 provides that 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
What does Section 42 deals with?	Contravention of orders of Commission
What can the Commission do to ensure compliance with its orders or directions?	The Commission may cause an inquiry to be made into compliance of its orders or directions issued under its powers under the Act.
What is the penalty for failing to comply with the Commission's orders or directions without reasonable cause?	Any person failing to comply may be punishable with a fine up to rupees one lakh for each day of non-compliance, subject to a maximum of rupees ten crore, as determined by the Commission.
What are the consequences if a person still does not comply with orders or pay the fine imposed under sub-section (2)?	The person may be punishable with imprisonment up to three years, or with a fine up to rupees twenty-five crore, or with both, as deemed fit by the Chief Metropolitan Magistrate, Delhi.
Who can file a complaint to initiate cognizance of an offence under this section?	Cognizance of an offence under this section can only be taken on a complaint filed by the Commission or any officer authorized by it.
Which sections of the Act are specifically mentioned regarding non-compliance leading to fines or imprisonment?	Sections 6, 27, 28, 31, 32, 33, 42A, 43, 43A, 44 and 45 of the Act.
What does section 42A deals with?	Compensation in case of contravention of orders of Commission
Who can apply for compensation under Section 42A?	Any person who has suffered loss or damage due to an enterprise violating directions issued by the Commission may apply to the Appellate Tribunal for recovery of compensation.
Under what circumstances can compensation be claimed under Section 42A?	Compensation can be claimed if an enterprise contravenes, without reasonable ground, any decision or order of the Commission under sections 6, 27, 28, 31, 32, 33, or fails to comply with any condition or restriction related to approvals, sanctions, directions, or exemptions under this Act.
Which authority is responsible for awarding compensation under this section?	The Appellate Tribunal is responsible for considering applications and ordering recovery of compensation.
Does Section 42A override any other provisions of the Act?	No, Section 42A specifies that it is “without prejudice to the provisions of this Act,” meaning it operates alongside other provisions without overriding them.
Can compensation be claimed for delay in complying with Commission orders?	Yes, compensation can be claimed if there is a delay in carrying out orders or directions of the Commission.
What is Section 43 about?	Section 43 deals with the penalty for failure to comply with directions of Commission and Director General
Who can issue directions under Section 43?	Directions can be issued by (a) the Commission under sub-sections (2) and (4) of section 36, and (b) the Director General while exercising powers referred to in sub-section (2) of section 41.
What is the penalty for non-compliance under Section 43?	A person failing to comply without reasonable cause shall be punishable with a fine which may extend to Rs. 1 lakh for each day during which the failure continues, subject to a maximum of Rs. 1 crore, as determined by the Commission.
What is Section 43A about?	Section 43A deals with the power to impose penalty for non-furnishing of information on combination
Who is liable under Section 43A?	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.
What is the penalty for non-compliance under Section 43A?	The Commission may impose a penalty which may extend to 1% of the total turnover or the assets of the combination referred in clause (d) of section 5, whichever is higher.
What happens if a notice given under section 6(4) is found void ab initio?	A fresh notice under section 6(2) may be given by the acquirer or parties to the combination.
Who can file the fresh notice after the earlier notice is declared void ab initio?	The acquirer or the parties to the combination, as applicable.
Within what time must the fresh notice under section 6(2) be filed?	Within thirty days from the order of the Commission under section 6(6).
From which date is the thirty-day period calculated?	From the date of the order passed by the Commission under section 6(6).
Can the Commission take action during this thirty-day period?	No, the Commission shall not take any action under this section until the expiry of the thirty-day period.
What is Section 44 about?	Section 44 deals with the penalty for making false statement or omission to furnish material information.
Who is liable under Section 44?	Any person who is a party to a combination.
What acts attract penalty under Section 44?	(a) Making a statement which is false in any material particular, or knowing it to be false; (b) Omitting to state any material particular knowing it to be material.
What is the penalty under Section 44?	The penalty shall not be less than fifty lakh rupees but may extend up to rupees five crore, as determined by the Commission.
What is Section 45 about?	Section 45 deals with the penalty for [contraventions] in relation to furnishing of information
Who is liable under Section 45?	Any person who furnishes, or is required to furnish, particulars, documents, or any information under this Act.
What acts attract penalty under Section 45?	(a) Making any statement or furnishing any document which the person knows or has reason to believe to be false in any material particular; (b) Omitting to state any material fact knowing it to be material; (c) Wilfully altering, suppressing, or destroying any document required to be furnished.
What is the penalty under Section 45?	The person shall be punishable with a fine which may extend up to one crore rupees, as determined by the Commission.
Can the Commission pass any other order under Section 45?	Yes, the Commission may also pass such other order as it deems fit.
What is the purpose of Section 46 of the Competition Act?	To empower the Competition Commission of India to impose a lesser penalty on cartel members who make full, true, and vital disclosures.
Who can seek a lesser penalty under Section 46?	Any producer, seller, distributor, trader, or service provider included in a cartel alleged to have violated Section 3.
What condition must be satisfied for imposition of a lesser penalty?	The disclosure must be full, true, vital, and must significantly aid the investigation.
Can lesser penalty be imposed after the Director General’s investigation report is received?	No, lesser penalty cannot be imposed if the report under Section 26 has already been received before disclosure.
Is cooperation required after making disclosure?	Yes, the applicant must continue to cooperate with the Commission until completion of proceedings.
When can the Commission revoke the benefit of lesser penalty?	If the applicant violates conditions, gives false evidence, or the disclosure is found not vital.
What happens if lesser penalty is revoked?	The applicant may be tried for the contravention and be liable to full penalty as if no lesser penalty was granted.
Can an applicant withdraw an application for lesser penalty?	Yes, withdrawal is permitted in the manner and within the time prescribed by regulations.
Can the Commission use evidence submitted in a withdrawn application?	Yes, all evidence except admissions can be used by the Director General and the Commission.
What benefit is available for disclosure of another cartel during investigation?	The Commission may grant a lesser penalty for the cartel already under investigation.
Does disclosure of a second cartel affect eligibility for lesser penalty in the new cartel?	No, the applicant can still obtain lesser penalty separately for the newly disclosed cartel.
What does Section 47 deal with?	Section 47 deals with the crediting of sums realised by way of penalties under the Act.
Where are the sums realised by way of penalties credited?	All sums realised by way of penalties and recovery of legal costs by the Commission under this Act shall be credited to the Consolidated Fund of India.
What does Section 48 of the Act cover?	Section 48 deals with contravention by the companies.
What does Section 48 of the Competition Act deal with?	It deals with contravention of the Act by companies and liability of persons in charge of the company.
Who is deemed to be in contravention when a company commits a violation?	The company and every person who was in charge of and responsible for the conduct of the business at the time of contravention.
What penalty can be imposed on persons in charge under Section 48(1)?	A penalty not exceeding ten per cent of the average income for the last three preceding financial years.
What special penalty provision applies in case of cartel agreements under Section 3(3)?	Penalty up to ten per cent of the income for each year of the continuance of the cartel agreement.
Can a person escape liability under Section 48(1)?	Yes, if he proves lack of knowledge or that he exercised due diligence to prevent the contravention.
Who can be held liable under Section 48(3)?	Directors, managers, secretaries, or other officers if the contravention occurred with their consent, connivance, or due to neglect.
What is the extent of penalty under Section 48(3)?	Penalty not exceeding ten per cent of the average income for the last three preceding financial years.
What is the penalty for cartel involvement under Section 48(3)?	Penalty up to ten per cent of income for each year of continuance of the cartel agreement.
How is the term “company” defined under Section 48?	It includes a body corporate, firm, or other association of individuals.
Who is considered a “director” in relation to a firm?	A partner in the firm.
How is “income” determined for penalty purposes?	In the manner specified by regulations.
Which provision 48A of the Competition Act, 2002 deals with?	Deals with the Settlement of proceedings.
What does Section 48A of the Competition Act provide for?	It provides for settlement of proceedings relating to contravention of Section 3(4) or Section 4.
Who can apply for settlement under Section 48A?	Any enterprise against whom an inquiry has been initiated under Section 26(1).
For which contraventions can settlement be sought?	Contraventions of Section 3(4) or Section 4 of the Act.
In what form must a settlement application be made?	In writing, in the prescribed form, and upon payment of the prescribed fee.
When can a settlement application be filed?	After receipt of the Director General’s report under Section 26(4) but before passing of an order under Section 27 or 28.
What factors does the Commission consider while deciding settlement?	Nature, gravity, and impact of the alleged contraventions.
What can the Commission require for approving settlement?	Payment of settlement amount and compliance with prescribed terms, implementation, and monitoring.
Who must be given an opportunity to be heard before settlement is approved?	The concerned party, the Director General, and any other relevant party.
When can the Commission reject a settlement application?	If the settlement is inappropriate or no agreement is reached within the prescribed time.
What happens if a settlement application is rejected?	The Commission proceeds with the inquiry under Section 26.
How is the settlement procedure governed?	As specified by regulations.
Is an appeal allowed against a settlement order?	No, no appeal lies under Section 53B.
Where is the settlement amount credited?	To the Consolidated Fund of India.
Under which provision of the Competition Act, 2002 is the concept of commitment provided?	The concept of commitment is provided under Section 48B of the Competition Act, 2002.
Who is eligible to submit an application for commitment under Section 48B?	Any enterprise against whom an inquiry has been initiated under Section 26(1) for contravention of Section 3(4) or Section 4 may submit a commitment application.
For which alleged contraventions can commitments be offered under Section 48B?	Commitments can be offered in respect of alleged contraventions of Section 3(4) or Section 4 of the Act.
In what form must a commitment application be submitted?	A commitment application must be submitted in writing, in such form and upon payment of such fee as may be specified by regulations.
At what stage can an enterprise submit an offer of commitment?	An offer of commitment may be submitted after the Commission has passed an order under Section 26(1) but before the receipt of the Director General’s report under Section 26(4).
Can a commitment application be submitted after the Director General’s report is received?	No, a commitment application must be submitted before the receipt of the Director General’s report under Section 26(4).
What factors are considered by the Commission while evaluating a commitment proposal?	The Commission considers the nature, gravity, and impact of the alleged contraventions and the effectiveness of the proposed commitments.
What powers does the Commission have upon considering the commitment offered?	The Commission may accept the commitments on such terms and in such manner of implementation and monitoring as specified by regulations.
Is the Commission required to hear other parties before accepting commitments?	Yes, the Commission must provide an opportunity to the concerned party, the Director General, or any other party to submit objections or suggestions.
What happens if the Commission finds the commitment proposal inappropriate?	The Commission shall reject the commitment application by order and proceed with the inquiry under Section 26.
What is the consequence if no agreement is reached on the terms of commitment?	The Commission shall reject the commitment application and continue the inquiry under Section 26.
Who prescribes the procedure for commitment proceedings?	The procedure for commitments is prescribed by regulations made under the Act.
Is an appeal maintainable against an order passed under Section 48B?	No appeal lies under Section 53B against any order passed by the Commission under Section 48B.
What is the legal effect of acceptance of commitments by the Commission?	Acceptance of commitments resolves the alleged contraventions in accordance with the terms accepted by the Commission, subject to monitoring and implementation.
What does section 48C deals with?	Revocation of the settlement or commitment order and penalty.
When can the Commission revoke an order passed under Section 48A or Section 48B?	The Commission may revoke the order if the applicant fails to comply with it, has not made full and true disclosure, or if there is a material change in facts.
What is the consequence of non-compliance with a settlement or commitment order?	The order passed under Section 48A or Section 48B shall stand revoked and withdrawn.
What happens if the applicant has not made full and true disclosure?	The settlement or commitment order shall be revoked and withdrawn by the Commission.
Does a material change in facts affect a settlement or commitment order?	Yes, a material change in facts can lead to revocation of the settlement or commitment order.
What financial liability may be imposed on an enterprise upon revocation of the order?	The enterprise shall be liable to pay the legal costs incurred by the Commission, which may extend up to rupees one crore.
Is the Commission empowered to restart the inquiry after revocation of the order?	Yes, the Commission may restore or initiate the inquiry in respect of which the settlement or commitment order was passed.
Does revocation under Section 48C bar further proceedings against the enterprise?	No, upon revocation, the Commission may continue or initiate the inquiry relating to the alleged contraventions.

CHAPTER-VII
COMPETITION ADVOCACY
Which provision of the Act deal with Competition Advocacy?	Section 49
What is the main purpose of Section 49?	Section 49 deals with Competition Advocacy, including the Commission’s role in advising governments and promoting competition awareness.
Who can refer a policy or matter to the Commission for its opinion?	The Central Government, when formulating a policy on competition or any other matter, and the State Government in similar circumstances.
Within what time frame must the Commission give its opinion on a reference?	Within sixty days of receiving the reference.
Is the Commission’s opinion binding on the Central or State Government?	No, the opinion is advisory and not binding on the Central Government or the State Government.
What other role does the Commission have under Section 49?	The Commission is tasked with promoting competition advocacy or culture, creating awareness, and imparting training about competition issues.

CHAPTER-VIII
FINANCE, ACCOUNTS AND AUDIT
What does Section 50 deal with?	Section 50 deals with grants by the Central Government.
Who can make grants to the Commission?	The Central Government.
Under what condition can the Central Government make grants?	After due appropriation made by Parliament by law.
For what purpose can the grants be utilized?	For being utilised for the purposes of this Act.
What does section 51 deals with?	Constitution of Fund
What fund is constituted under Section 51 of the Act?	A fund called the “Competition Fund” is constituted.
What amounts are credited to the Competition Fund?	All Government grants received by the Commission.
Which clause relating to credit in the Fund was omitted?	Clause (b) was omitted by the Competition (Amendment) Act, 2007.
What fees are credited to the Competition Fund?	Fees received under the Act.
What’s defined in the clause (e) of the act added by the Act 9 of 2023.	All sums received by the Commission from such other sources as may be decided upon by the Government.
What interest is credited to the Competition Fund?	Interest accrued on the amounts referred to in clauses (a) and (e).
For what purpose are salaries and allowances paid from the Fund?	For paying salaries and allowances of the Chairperson, Members, Director General and other officers and employees.
What administrative expenses are met from the Fund?	Salaries, allowances and pension payable to officers and employees of the Commission.
For what other purposes can the Fund be applied?	For meeting other expenses of the Commission in connection with discharge of its functions and purposes of the Act.
Who administers the Competition Fund?	A committee of Members of the Commission.
Who determines the members of the committee administering the Fund?	The Chairperson of the Commission.
What is the role of the committee administering the Fund?	To spend monies out of the Fund for carrying out the objects for which it is constituted.
What does Section 52 deals with?	Accounts and Audit
What duty does the Commission have regarding accounts under Section 52?	The Commission shall maintain proper accounts and relevant records and prepare an annual statement of accounts.
In what form are the accounts of the Commission prepared?	In such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
Who audits the accounts of the Commission?	The Comptroller and Auditor-General of India.
At whose expense is the audit of the Commission conducted?	The expenditure incurred in connection with the audit is payable by the Commission.
Are the orders of the Commission subject to audit under Section 52?	No, the orders of the Commission being appealable to the Appellate Tribunal or the Supreme Court are not subject to audit.
What rights does the Comptroller and Auditor-General have during audit?	The same rights, privileges and authority as in the audit of Government accounts.
What specific powers does the Comptroller and Auditor-General have during audit?	The right to demand production of books, accounts, vouchers and documents and to inspect offices of the Commission.
To whom are the audited accounts and audit report forwarded?	They are forwarded annually to the Central Government.
What is the obligation of the Central Government regarding audited accounts?	The Central Government shall lay the audited accounts and audit report before each House of Parliament.
What does Section 53 deals with?	Furnishing of returns, etc., to Central Government
What obligation does the Commission have regarding furnishing returns under Section 53?	The Commission shall furnish returns, statements and particulars to the Central Government.
In what manner and at what time are such returns furnished?	In such time, form and manner as may be prescribed or as directed by the Central Government.
What kind of information may the Central Government require from the Commission?	Information regarding proposed or existing measures for competition advocacy, awareness creation and training on competition issues.
How often must the Commission prepare an annual report?	Once every year.
What should the annual report of the Commission contain?	A true and full account of the activities of the Commission during the previous year.
To whom is the annual report forwarded?	The annual report is forwarded to the Central Government.
What is the obligation regarding the report after receipt by the Central Government?	A copy of the report shall be laid before each House of Parliament as soon as may be after receipt.

CHAPTER-VIIIA
APPELLATE TRIBUNAL
What provision does section 53A deals with?	Establishment of Appellate Tribunal
Which body functions as the Appellate Tribunal under the Competition Act after 2017?	The National Company Law Appellate Tribunal (NCLAT) constituted under section 410 of the Companies Act, 2013.
From when does NCLAT act as the Appellate Tribunal under the Competition Act?	From the commencement of Part XIV of Chapter VI of the Finance Act, 2017.
What is the primary role of the Appellate Tribunal under Section 53A?	To hear and dispose of appeals and adjudicate compensation claims arising under the Competition Act.
Against which orders or decisions of the Commission can appeals be filed before the Appellate Tribunal?	Appeals can be filed against directions, decisions or orders passed under sections 26(2), 26(6), 27, 28, 31, 32, 33, 38, 39, 43, 43A, 44, 45 and 46 of the Act.
Can the Appellate Tribunal adjudicate compensation claims?	Yes, it can adjudicate claims for compensation arising from findings of the Commission or orders of the Appellate Tribunal.
Under which provisions can compensation claims arise before the Appellate Tribunal?	Compensation claims may arise under section 42A or sub-section (2) of section 53Q of the Act.
What power does the Appellate Tribunal have regarding compensation?	It can pass orders for recovery of compensation under section 53N of the Act.
What does section 53B deals with?	Appeal to Appellate Tribunal
Who can file an appeal before the Appellate Tribunal under Section 53B?	The Central Government, State Government, local authority, enterprise, or any person aggrieved.
Appeal under Section 53B lies against which orders?	Against any direction, decision or order referred to in clause (a) of section 53A.
Within what time must an appeal be filed before the Appellate Tribunal?	Within sixty days from the date of receipt of the order of the Commission.
From which date is the limitation period for filing appeal calculated?	From the date on which a copy of the direction, decision or order is received.
Can the Appellate Tribunal condone delay in filing appeal?	Yes, if sufficient cause is shown for not filing the appeal within sixty days.
In what manner must an appeal be filed before the Appellate Tribunal?	In the prescribed form and accompanied by the prescribed fee.
What powers does the Appellate Tribunal have while deciding an appeal?	It may confirm, modify or set aside the direction, decision or order appealed against.
Is hearing of parties mandatory before passing an order?	Yes, the parties must be given an opportunity of being heard.
To whom must the Appellate Tribunal send copies of its orders?	To the Competition Commission and the parties to the appeal.
Within what time should the Appellate Tribunal endeavour to dispose of an appeal?	Within six months from the date of receipt of the appeal.
Sections 53C to 53M	Omitted
What des section 53N deals with?	Awarding Compensation
Who can apply for compensation under Section 53N?	The Central Government, State Government, local authority, enterprise, or any person.
Before which authority is compensation application filed under Section 53N?	Before the Appellate Tribunal.
Compensation under Section 53N arises from which proceedings?	From findings of the Commission, orders of the Appellate Tribunal in appeal, or proceedings under section 42A or section 53Q(2).
Against whom can compensation be recovered under Section 53N?	Against an enterprise.
Compensation is recoverable for what kind of loss or damage?	Loss or damage suffered due to contravention of provisions of Chapter II of the Act.
What must accompany an application for compensation?	Findings of the Commission, if any, and prescribed fees.
What power does the Appellate Tribunal have after inquiry?	To direct the enterprise to pay compensation determined by it.
On what basis is compensation determined by the Appellate Tribunal?	Based on loss or damage caused due to contravention of Chapter II.
Can the Appellate Tribunal seek recommendations of the Commission?	Yes, before passing an order of compensation.
Is representative compensation application allowed?	Yes, where loss is caused to numerous persons having the same interest.
Which procedural law applies to representative applications?	Order I Rule 8 of the Code of Civil Procedure, 1908, with modifications.
When can an application for compensation be made?	Only after violation of the Act is determined by the Commission or Appellate Tribunal, or where sections 42A or 53Q(2) apply.
What is the scope of inquiry under Section 53N(3)?	To determine eligibility and quantum of compensation only.
Can the findings of violation be re-examined during compensation inquiry?	No, findings of the Commission or Appellate Tribunal cannot be examined afresh.
Who can apply for compensation under Section 53N?	The Central Government, State Government, local authority, enterprise, or any person.
Before which authority is compensation application filed under Section 53N?	Before the Appellate Tribunal.
Compensation under Section 53N arises from which proceedings?	From findings of the Commission, orders of the Appellate Tribunal in appeal, or proceedings under section 42A or section 53Q(2).
Against whom can compensation be recovered under Section 53N?	Against an enterprise.
Compensation is recoverable for what kind of loss or damage?	Loss or damage suffered due to contravention of provisions of Chapter II of the Act.
What must accompany an application for compensation?	Findings of the Commission, if any, and prescribed fees.
What power does the Appellate Tribunal have after inquiry?	To direct the enterprise to pay compensation determined by it.
On what basis is compensation determined by the Appellate Tribunal?	Based on loss or damage caused due to contravention of Chapter II.
Can the Appellate Tribunal seek recommendations of the Commission?	Yes, before passing an order of compensation.
Is representative compensation application allowed?	Yes, where loss is caused to numerous persons having the same interest.
Which procedural law applies to representative applications?	Order I Rule 8 of the Code of Civil Procedure, 1908, with modifications.
When can an application for compensation be made?	Only after violation of the Act is determined by the Commission or Appellate Tribunal, or where sections 42A or 53Q(2) apply.
What is the scope of inquiry under Section 53N(3)?	To determine eligibility and quantum of compensation only.
Can the findings of violation be re-examined during compensation inquiry?	No, findings of the Commission or Appellate Tribunal cannot be examined afresh.
What does section 53O deals with?	Procedure and powers of Appellate Tribunal
Is the Appellate Tribunal bound by the Code of Civil Procedure, 1908?	No, it is not bound by the Code of Civil Procedure, 1908.
Which principles guide the Appellate Tribunal’s procedure?	The principles of natural justice.
Does the Appellate Tribunal have power to regulate its own procedure?	Yes, subject to the provisions of the Act and rules made by the Central Government.
Can the Appellate Tribunal decide the place of its sittings?	Yes, it can regulate the places at which it shall have its sittings.
What civil court powers does the Appellate Tribunal possess?	All powers of a civil court while trying a suit as specified under Section 53O(2).
Does the Appellate Tribunal have power to summon and examine persons?	Yes, it can summon and enforce attendance and examine persons on oath.
Can the Appellate Tribunal require discovery and production of documents?	Yes, it has the power to require discovery and production of documents.
Is the Appellate Tribunal empowered to receive evidence on affidavit?	Yes, it may receive evidence on affidavit.
Can the Appellate Tribunal requisition public records?	Yes, subject to sections 123 and 124 of the Indian Evidence Act, 1872.
Does the Appellate Tribunal have power to issue commissions?	Yes, for examination of witnesses or documents.
Can the Appellate Tribunal review its own decisions?	Yes, it has the power to review its decisions.
Can the Appellate Tribunal dismiss a representation for default or decide it ex parte?	Yes, it can dismiss for default or decide representations ex parte.
Can the Appellate Tribunal set aside dismissal or ex parte orders?	Yes, it may set aside orders of dismissal for default or ex parte orders.
Are there any additional powers of the Appellate Tribunal?	Yes, any other powers as may be prescribed.
Are proceedings before the Appellate Tribunal considered judicial proceedings?	Yes, they are deemed to be judicial proceedings.
Which IPC provisions apply to proceedings before the Appellate Tribunal?	Sections 193, 228 and 196 of the Indian Penal Code, 1860.
For which purposes is the Appellate Tribunal deemed to be a civil court?	For purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
What does section 53P deals with	Execution of orders of Appellate Tribunal
How are orders of the Appellate Tribunal enforced?	They are enforced in the same manner as a decree of a court in a suit.
Is an order of the Appellate Tribunal treated as a court decree?	Yes, it is enforced as if it were a decree made by a court.
What can the Appellate Tribunal do if it is unable to execute its order?	It may send the order for execution to a court having local jurisdiction.
To which court can an order against a company be sent for execution?	To the court within whose local jurisdiction the registered office of the company is situated.
To which court can an order against a person other than a company be sent?	To the court where the person voluntarily resides, carries on business, or personally works for gain.
Does the Appellate Tribunal have the power to transmit its order to a civil court?	Yes, it may transmit any order to a civil court having local jurisdiction.
How will the civil court execute an order transmitted by the Appellate Tribunal?	The civil court shall execute it as if it were a decree made by that court.
Does sub-section (2) override sub-section (1)?	Yes, sub-section (2) applies notwithstanding anything contained in sub-section (1).
What does section 53Q deals with?	Contravention of orders of Appellate Tribunal
What is the penalty for contravention of an order of the Appellate Tribunal?	The person is liable to a penalty not exceeding one crore rupees or imprisonment up to three years or both.
Who decides the penalty or imprisonment for contravention of Appellate Tribunal orders?	The Chief Metropolitan Magistrate, Delhi decides the penalty or imprisonment.
Is reasonable ground relevant for contravention under this section?	Yes, liability arises only if the contravention is without reasonable ground.
Can the Chief Metropolitan Magistrate take cognizance suo motu under this section?	No, cognizance can be taken only on a complaint authorized by the Appellate Tribunal.
Who is authorized to file a complaint for contravention of Appellate Tribunal orders?	An officer authorized by the Appellate Tribunal.
Does this section affect other provisions of the Act?	No, it applies without prejudice to the other provisions of the Act.
Can compensation be claimed for contravention of Appellate Tribunal orders?	Yes, a person may apply for recovery of compensation.
Who can apply for compensation under this section?	Any person who has suffered loss or damage due to contravention of Appellate Tribunal orders.
Against whom can compensation be claimed?	Compensation can be claimed from the enterprise responsible for the contravention.
What acts give rise to compensation under this section?	Contravention of Appellate Tribunal orders or delay in carrying out such orders without reasonable ground.
Which authority decides the compensation claim?	The Appellate Tribunal decides the compensation claim.
Section 53R	Omitted by Finance Act, 2017
What does section 53S deals with?	Right to legal representation
Who has the right to appear before the Appellate Tribunal under Section 53S?	A person preferring an appeal to the Appellate Tribunal has the right to appear.
Can an appellant appear personally before the Appellate Tribunal?	Yes, the appellant may appear in person.
Who can be authorized by an appellant to present the case before the Appellate Tribunal?	Chartered accountants, company secretaries, cost accountants, legal practitioners, or officers of the appellant.
Can the Central Government or State Government appoint presenting officers?	Yes, they may authorize professionals or officers to act as presenting officers.
Who may act as presenting officers for government or local authorities?	Chartered accountants, company secretaries, cost accountants, legal practitioners, or authorized officers.
Are enterprises allowed to authorize presenting officers before the Appellate Tribunal?	Yes, enterprises may authorize eligible professionals or officers to present their case.
Can the Commission appoint presenting officers for appeals?	Yes, the Commission may authorize professionals or officers to act as presenting officers.
What role do authorized presenting officers perform?	They present the case with respect to an appeal before the Appellate Tribunal.
Do the definitions of professional terms follow the Competition Act?	Yes, the meanings are the same as assigned in the Explanation to section 35.
Which professionals are covered under the right to legal representation?	Chartered accountants, company secretaries, cost accountants, and legal practitioners.
What does section 53T deals with?	Appeal to Supreme Court
Who can file an appeal to the Supreme Court under Section 53T?	The Central Government, any State Government, the Commission, any statutory authority, any local authority, any enterprise, or any person aggrieved.
Against which orders can an appeal be filed to the Supreme Court?	Against any decision or order of the Appellate Tribunal.
What is the time limit for filing an appeal to the Supreme Court?	Within sixty days from the date of communication of the decision or order.
From which date is the limitation period of sixty days calculated?	From the date of communication of the Appellate Tribunal’s decision or order.
Can the Supreme Court allow an appeal after the expiry of sixty days?	Yes, if it is satisfied that there was sufficient cause for the delay.
Is the extension of time for filing an appeal automatic?	No, it is granted only at the discretion of the Supreme Court upon showing sufficient cause.
Does Section 53T apply only to private parties?	No, it applies to governments, authorities, enterprises, and individuals alike.
The Power to punish Contempt is given under which provision?	Section 53U
What power does the Appellate Tribunal have regarding contempt under Section 53U?	The Appellate Tribunal has the same jurisdiction, powers, and authority as a High Court in respect of contempt of itself.
Which law governs contempt proceedings before the Appellate Tribunal?	The Contempt of Courts Act, 1971 applies to contempt proceedings before the Appellate Tribunal.
Is the Appellate Tribunal treated at par with a High Court for contempt matters?	Yes, it exercises contempt powers equivalent to those of a High Court.
How is the term “High Court” interpreted under the Contempt of Courts Act for this section?	References to a High Court are construed as including a reference to the Appellate Tribunal.
Who replaces the Advocate-General for the purpose of Section 15 of the Contempt of Courts Act?	A Law Officer specified by the Central Government by notification.
Does the Central Government have a role in contempt proceedings before the Appellate Tribunal?	Yes, it specifies the Law Officer who acts in place of the Advocate-General.
Can the Appellate Tribunal independently exercise contempt powers?	Yes, it may exercise contempt powers in respect of contempt of itself.

CHAPTER-IX
MISCELLANEOUS
What does section 54 deals with?	Power to exempt
Who has the power to grant exemption under Section 54 of the Competition Act?	The Central Government has the power to grant exemption.
How can exemption under Section 54 be granted?	Exemption is granted by notification issued by the Central Government.
Can exemption be granted from the entire Act or only specific provisions?	Exemption may be granted from the whole Act or from any provision thereof.
For what duration can exemption under Section 54 be granted?	For such period as may be specified in the notification.
Which enterprises may be exempted in the interest of State security or public interest?	Any class of enterprises may be exempted if necessary in the interest of security of the State or public interest.
Can practices or agreements based on international obligations be exempted?	Yes, practices or agreements arising out of obligations assumed by India under treaties, agreements, or conventions may be exempted.
Can enterprises performing sovereign functions be exempted?	Yes, enterprises performing sovereign functions on behalf of the Central or State Government may be exempted.
Is exemption available for all activities of an enterprise performing sovereign functions?	No, exemption can be granted only for activities relatable to sovereign functions.
What limitation applies when an enterprise performs both sovereign and non-sovereign activities?	The Central Government may grant exemption only for the sovereign function–related activities.
What does section 55 deals with?	Power of central government to issue directions
Is the Competition Commission bound by directions issued by the Central Government?	Yes, the Commission is bound by policy directions issued by the Central Government.
On what matters can the Central Government issue directions to the Commission?	Directions can be issued on questions of policy.
Are technical and administrative matters covered under Section 55 directions?	No, directions cannot relate to technical or administrative matters.
In what form must policy directions be issued to the Commission?	Directions must be given in writing.
At what stage are such directions binding on the Commission?	They are binding when the Commission exercises its powers or performs its functions under the Act.
Is the Commission entitled to present its views before directions are issued?	Yes, the Commission should be given an opportunity to express its views as far as practicable.
Who decides whether a matter is a question of policy or not?	The Central Government decides whether a matter is a question of policy.
Is the decision of the Central Government on policy questions subject to review?	No, the decision of the Central Government is final.
What does section 56 deals with?	Power of Central Government to supersede commission
When can the Central Government supersede the Competition Commission of India?	Section 56(1) provides that 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.
Is the Central Government required to give the Commission an opportunity of being heard before supersession?	The proviso to Section 56(1) provides that before issuing any notification superseding the Commission, the Central Government shall give a reasonable opportunity to the Commission to make representations against the proposed supersession and shall consider the representations, if any, of the Commission.
What is the effect of supersession on the Chairperson and Members of the Commission?	Section 56(2)(a) provides that upon the publication of a notification superseding the Commission, the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such.
Who exercises the powers and functions of the Commission during the period of supersession?	Section 56(2)(b) provides that 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.
What happens to the property of the Commission during the period of supersession?	Section 56(2)(c) provides that all properties owned or controlled by the Commission shall, until the Commission is reconstituted under sub-section (3), vest in the Central Government.
When and how is the Commission reconstituted after supersession?	Section 56(3) provides that 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.
Are the Chairperson or Members who vacated office on supersession disqualified from re-appointment?	Section 56(3) further provides that any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.
Is Parliamentary oversight provided in cases of supersession of the Commission?	Section 56(4) provides that 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.
What des section 57 deals with?	Restriction on disclosure of information
What type of information is restricted from disclosure?	Information relating to any enterprise obtained by or on behalf of the Commission or the Appellate Tribunal for the purposes of this Act.
Can such information be disclosed without consent?	No, it cannot be disclosed without the previous written permission of the enterprise.
Are there exceptions to this restriction?	Yes, disclosure is allowed if it is in compliance with or for the purposes of this Act or any other law in force.
Who grants permission for disclosure?	The concerned enterprise must give prior written permission.
Does this restriction apply to both the Commission and the Appellate Tribunal?	Yes, it applies to both entities.
What does section 58 deals with?	Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants.
Who are deemed to be public servants under this section?	The Chairperson and other Members, Director General, Additional, Joint, Deputy or Assistant Directors General, Secretary, officers, and other employees of the Commission; and the Chairperson, Members, officers, and other employees of the Appellate Tribunal.
When are they considered public servants?	While acting or purporting to act in pursuance of any of the provisions of this Act.
Under which law are they considered public servants?	Under section 21 of the Indian Penal Code (45 of 1860).
What does section 59 deals with?	Protection of action taken in good faith
Who is protected from legal proceedings under this section?	The Central Government, the Commission, any officer of the Central Government, the Chairperson, any Member, the Director General, Additional, Joint, Deputy or Assistant Directors General, the Secretary, officers and other employees of the Commission, and the Chairperson, Members, officers, and other employees of the Appellate Tribunal.
Under what circumstances are they protected?	For anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
What types of legal proceedings are covered?	Suits, prosecutions, or other legal proceedings.
What is the subject matter of Section 59A of the Competition Act, 2002?	Section 59A deals with the compounding of certain offences under the Competition Act.
Does Section 59A override the Code of Criminal Procedure, 1973?	Yes, Section 59A applies notwithstanding anything contained in the Code of Criminal Procedure, 1973.
Which offences under the Competition Act are eligible for compounding under Section 59A?	Any offence punishable under the Act, except offences punishable with imprisonment only or imprisonment along with fine, may be compounded.
Which offences are excluded from compounding under Section 59A?	Offences punishable with imprisonment only or with imprisonment and fine are excluded from compounding.
At what stage can an offence be compounded under Section 59A?	An offence may be compounded either before or after the institution of any proceeding.
Who has the authority to compound offences under Section 59A?	The Appellate Tribunal or the court before which the proceeding is pending has the authority to compound offences.
Can an offence be compounded even after judicial proceedings have begun?	Yes, compounding is permissible both before and after the institution of proceedings.
Is compounding under Section 59A mandatory or discretionary?	Compounding under Section 59A is discretionary and subject to the approval of the Appellate Tribunal or the court.
What is the legal effect of compounding an offence under Section 59A?	Compounding results in settlement of the offence in accordance with law, subject to approval by the competent authority.
What is the legislative intent behind Section 59A?	The intent is to allow settlement of minor offences and reduce prolonged litigation under the Competition Act.
What does section 60 deals with?	An act to have overriding effect
What is the effect of this Act over other laws?	The provisions of this Act shall have overriding effect notwithstanding anything inconsistent contained in any other law for the time being in force.
Does this Act get overridden by other laws?	No, this Act prevails over any inconsistent provisions in other laws.
What does section 61deals with?	Exclusion of jurisdiction of civil courts
Can a civil court entertain a suit or proceeding on matters under this Act?	No, civil courts have no jurisdiction over matters the Commission or the Appellate Tribunal is empowered to determine under this Act.
Can a court grant an injunction against actions taken under this Act?	No, no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under the powers conferred by this Act.
What does section 62 deals with?	Application of other laws not barred
Does this Act override other laws?	No, the provisions of this Act are in addition to, and not in derogation of, any other law in force.
Can other laws still apply alongside this Act?	Yes, other laws continue to apply; this Act supplements them.
What does the section 63 deals with?	Power to make rules
Who has the power to make rules under the Competition Act?	The Central Government, by notification.
Under which subsection can the Central Government make rules to carry out the provisions of the Act?	Subsection (1) of Section 63.
Can the rules made by the Central Government cover specific matters?	Yes, subsection (2) lists specific matters without prejudice to the generality of the power.
What matters can the rules under clause (ae) provide for?	The term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of Section 9.
What does clause (b) under subsection (2) deal with?	The form and manner in which, and the authority before whom, the oath of office and secrecy shall be made under sub-section (3) of Section 10.
Which clauses were omitted by the Competition (Amendment) Act, 2007?	Clauses (c), (h), (i), and (j) were omitted.
What does clause (d) provide for?	The salary and other terms and conditions of service, including travel expenses, HRA, conveyance, sumptuary allowance, and medical facilities for the Chairperson and other Members under sub-section (1) of Section 14.
What is specified in clause (da)?	The number of Additional, Joint, Deputy, or Assistant Directors General and other officers/employees in the office of Director General, and the manner of their appointment under sub-section (1A) of Section 16.
What does clause (e) cover?	The salary, allowances, and other terms and conditions of service of the Director General, Additional, Joint, Deputy, or Assistant Directors General, and other officers/employees under sub-section (3) of Section 16.
What is the focus of clause (f)?	The qualifications for appointment of the Director General, Additional, Joint, Deputy, or Assistant Directors General, and other officers/employees under sub-section (4) of Section 16.
What does clause (g) regulate?	The salaries, allowances, and terms of service of the Secretary, officers, and employees, and their number under sub-section (2) of Section 17.
What matters are covered under clause (k)?	The form in which the annual statement of accounts shall be prepared under sub-section (1) of Section 52.
What does clause (l) specify?	The time, form, and manner in which the Commission may furnish returns, statements, and particulars as required by the Central Government under sub-section (1) of Section 53.
What is provided under clause (m)?	The form and time within which the annual report shall be prepared under sub-section (2) of Section 53.
What is included in clause (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.
What does clause (mf) empower the Appellate Tribunal to do?	It covers other matters under clause (i) of sub-section (2) of Section 53O, including powers under the Code of Civil Procedure, 1908, while trying a suit.
What does clause (mg) provides for?	It provides for the form of the publication of guidelines under sub-section (5) of section 64B.
What does clause (n) provide for?	The manner in which monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with under the fourth proviso to sub-section (2) of Section 66.
What is the scope of clause (o)?	Any other matter which is to be or may be prescribed or in respect of which provision may be made by rules.
How are notifications or rules made under this Act presented to Parliament?	They are laid before each House of Parliament for a total of 30 days during one or more sessions as per subsection (3) of section 20 and 54.
What happens if both Houses of Parliament agree to modify or annul a rule/notification?	The rule/notification will have effect only in the modified form or will be of no effect, without prejudice to actions already taken under it.
What does section 64 deals with?	Power to make regulations
Who has the power to make regulations under the Competition Act?	The Commission, by notification.
Under which subsection can the Commission make regulations to carry out the purposes of the Act?	Subsection (1) of Section 64.
Can regulations cover specific matters beyond general provisions?	Yes, subsection (2) lists specific matters without prejudice to the generality of the power.
What does clause (a) under subsection (2) provide for?	The cost of production to be determined under clause (b) of the Explanation to Section 4.
What is covered under clause (b)?	The form of notice as may be specified and the fee which may be determined under sub-section (2) of Section 6.
What matters are prescribed under clauses (ca), (cb) and (cc) relating to combinations under the Competition Act?	They prescribe the form and fee for notice of combination under Section 6(4), the time and manner for filing notice of acquisition under Section 6A(a), and the manner and circumstances in which an acquirer may exercise ownership or beneficial rights (including voting rights and dividends) as an exception under Section 6A(b).
What does clause (c) specify?	The form in which details of the acquisition shall be filed under sub-section (5) of Section 6.
What is included in clause (d)?	The procedures to be followed for engaging experts and professionals under sub-section (3) of Section 17.
What fee is covered under clause (e) (continued)?	The fee which may be determined under clause (a) of sub-section (1) of Section 19.
What does clause (f) regulate?	The rules of procedure in regard to the transaction of business at the meetings of the Commission under sub-section (1) of Section 22.
What matters are prescribed under clauses (fa), (fb) and (fc) of the Competition Act?	They relate to the other details to be indicated in the show-cause notice under Section 26(9), the manner of determining turnover or income under the Explanation to Section 27(b), and the manner in which parties to a combination may propose modifications to the Commission under Section 29A(2).
What does clause (g) provide for?	The manner in which penalty shall be recovered under sub-section (1) of Section 39.
What does clause (ga) provide for under the Competition Act?	It prescribes the lesser penalty to be imposed on a producer, seller, distributor, trader or service provider under Section 46(1).
What does clause (gb) provide for under the Competition Act?	It prescribes the manner and time for withdrawal of an application for lesser penalty under Section 46(2).
What does clause (gc) provide for under the Competition Act?	It prescribes the lesser penalty to be imposed on a producer, seller, distributor, trader or service provider under Section 46(4).
What does clause (gd) provide for under the Competition Act?	It prescribes the manner of determining income under clause (c) of the Explanation to Section 48.
What does clause (ge) provide for under the Competition Act?	It prescribes the form of application and fee, the time limits, the terms and manner of implementation and monitoring, and the procedure for conducting settlement proceedings under Section 48A.
What does clause (gf) provide for under the Competition Act?	It prescribes the form of application and fee, the time limits, the terms and manner of implementation and monitoring, and the procedure for commitments offered under Section 48B.
What does clause (gg) provide for under the Competition Act?	It prescribes the other details to be published along with draft regulations and the period for inviting public comments under Section 64A(a).
What is the scope of clause (h)?	Any other matter in respect of which provision is to be, or may be, made by regulations.
How are regulations made under this Act presented to Parliament?	They are laid before each House of Parliament for a total period of thirty days during one or more sessions as per subsection (3).
What happens if both Houses of Parliament agree to modify or annul a regulation?	The regulation will have effect only in the modified form or will be of no effect, without prejudice to actions already taken under it.
What does section 64A deals with?	Process of issuing regulations
What is the objective of Section 64A of the Competition Act, 2002?	The objective of Section 64A is to ensure transparency in the process of making regulations by the Competition Commission of India.
Which authority is responsible for ensuring transparency while issuing regulations under Section 64?	The Competition Commission of India is responsible for ensuring transparency while issuing regulations.
What is the first transparency measure required under Section 64A?	The Commission must publish draft regulations along with other specified details on its website.
Why are draft regulations published on the Commission’s website?	Draft regulations are published to invite public comments before the regulations are issued.
For how long are public comments invited on draft regulations?	Public comments are invited for a specified period as determined by the Commission.
What is the Commission required to publish after considering public comments?	The Commission must publish a general statement of its response to the public comments.
By when must the response to public comments be published?	The response must be published not later than the date of notification of the regulations.
Is the Commission required to review its regulations after issuance?	Yes, the Commission is required to periodically review the regulations.
Can the Commission issue regulations without following the transparency process under Section 64A?	Yes, the Commission may issue or amend regulations without following the process if it considers it necessary.
In what circumstances can the Commission bypass the transparency requirements?	The Commission may bypass the process when regulations are required urgently in public interest or relate solely to the internal functioning of the Commission.
What procedural safeguard must the Commission follow when bypassing the transparency process?	The Commission must record the reasons for bypassing the transparency requirements.
Does Section 64A apply to amendments of existing regulations as well?	Yes, Section 64A applies to both making new regulations and amending existing regulations.
What does section 64B deals with?	Commission to issue guidelines
What is the purpose of Section 64B of the Competition Act, 2002?	Section 64B empowers the Competition Commission of India to issue guidelines for the effective implementation of the Act, rules, and regulations.
Who is authorized to issue guidelines under Section 64B?	The Competition Commission of India is authorized to issue guidelines under Section 64B.
On what basis can the Commission issue guidelines under Section 64B(1)?	The Commission may issue guidelines either on a request made by any person or on its own motion.
Do the guidelines issued under Section 64B amount to a determination of law or fact?	No, the guidelines do not amount to a determination of any question of fact or law.
Are the guidelines issued under Section 64B binding on the Commission?	No, the guidelines are not binding on the Commission, its Members, or its officers.
What is the significance of Section 64B(3)?	Section 64B(3) mandates the Commission to publish guidelines regarding the appropriate amount of penalty for contraventions of the Act.
Are penalty guidelines mandatory even if general guidelines are discretionary?	Yes, the publication of penalty guidelines under Section 64B(3) is mandatory.
Which provisions require the Commission to consider penalty guidelines while imposing penalties?	The Commission must consider the penalty guidelines while imposing penalties under Section 27(b), Section 43A, and Section 48.
Is the Commission bound to strictly follow the penalty guidelines while imposing penalties?	No, the Commission may diverge from the guidelines but must provide reasons for such divergence.
What procedural obligation arises when the Commission deviates from penalty guidelines?	The Commission must record and provide reasons for deviating from the penalty guidelines.
In what form are the guidelines under Section 64B required to be published?	The guidelines must be published in such form as may be prescribed.
Do the guidelines under Section 64B affect the discretionary powers of the Commission?	The guidelines guide discretion but do not curtail the statutory powers of the Commission.
What does the section 65 deals with?	Power to remove difficulties
Who has the power to remove difficulties under the Competition Act?	The Central Government.
Under which subsection can the Central Government make provisions to remove difficulties?	Subsection (1) of Section 65.
How can the Central Government make provisions to remove difficulties?	By order published in the Official Gazette.
What is the limitation on the provisions that can be made under this section?	The provisions must not be inconsistent with the provisions of the Act.
Is there a time limit for making orders under Section 65?	Yes, no order can be made after the expiry of two years from the commencement of the Act.
What is required after an order under Section 65 is made?	Every order must be laid before each House of Parliament as soon as may be after it is made.
What does section 66 deals with?	Repeal and Savings
Which Act is repealed under Section 66(1) of the Competition Act?	The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).
What happens to the Monopolies and Restrictive Trade Practices Commission on repeal?	It stands dissolved.
Does the repeal affect the previous operation of the MRTP Act?	No, it does not affect the previous operation or anything duly done or suffered under the repealed Act.
Are rights, privileges, obligations, or liabilities under the repealed Act affected?	No, any right, privilege, obligation, or liability acquired under the repealed Act remains valid.
Are penalties or punishments under the MRTP Act affected by repeal?	No, any penalty, confiscation, or punishment incurred remains enforceable.
Can proceedings under the repealed Act continue after repeal?	Yes, any proceeding or remedy may be instituted, continued, or enforced as if the Act had not been repealed.
What happens to the Chairman and Members of the MRTP Commission on dissolution?	They vacate office and may claim compensation not exceeding three months’ pay and allowances for premature termination.
What happens to officers and employees on deputation to the MRTP Commission?	They revert to their parent cadre, Ministry, or Department.
What happens to regular employees of the MRTP Commission on dissolution?	They become employees of the Competition Commission of India or the Appellate Tribunal with the same rights and privileges as before.
Does the transfer of employees entitle them to additional compensation under any law?	No, transfer of services does not entitle them to compensation under this Act or any other law.
What happens to provident, superannuation, welfare, or other funds of transferred employees?	The monies relating to transferred employees stand transferred to and vest in the Competition Commission of India or the Appellate Tribunal.
What happens to cases pending before the MRTP Commission related to monopolistic or restrictive trade practices?	On commencement of the Competition (Amendment) Act, 2009, they are transferred to the Appellate Tribunal for adjudication as if the repealed Act had not been repealed.
Are applications for losses or damages under Section 12B of the MRTP Act included in transferred cases?	Yes, all such applications are deemed included.
Where are cases related to unfair trade practices (other than Section 36A(x)) transferred?	They are transferred to the National Commission under the Consumer Protection Act, 1986.
Can the National Commission transfer cases to State Commissions?	Yes, if considered appropriate, the National Commission may transfer cases to the concerned State Commission.
What happens to unfair trade practice cases pending before the National Commission on the date of assent to the Competition (Amendment) Bill, 2009?	They are transferred to the Appellate Tribunal and adjudicated as if the MRTP Act had not been repealed.
Where are unfair trade practice cases under Section 36A(x) pending before the MRTP Commission transferred?	They are transferred to the Appellate Tribunal.
Where are investigations or proceedings (other than unfair trade practices) pending before the DG of Investigation and Registration transferred?	They are transferred to the Competition Commission of India.
Where are investigations or proceedings relating to unfair trade practices (other than Section 36A(x)) pending before the DG transferred?	They are transferred to the National Commission under the Consumer Protection Act, 1986.
Where are investigations or proceedings relating to unfair trade practices pending before the National Commission on the date of assent to the Competition (Amendment) Bill, 2009 transferred?	They are transferred to the Appellate Tribunal.
Where are investigations or proceedings under Section 36A(x) pending before the DG transferred?	They are transferred to the Competition Commission of India.
What happens to all other pending cases before the MRTP Commission not covered in subsections (3)(8)?	They shall abate.
Does the detailed mention of matters in subsections (3)(8) limit the general effect of repeal?	No, the general application of Section 6 of the General Clauses Act, 1897 is preserved regarding the effect of repeal.

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