Description
Bharat Law House Pvt Ltd Competition Act, 2002 (Principles And Practices) by Professor (Dr) V K Agarwal
Table of Contents:
Part I
INTRODUCTION
Part II
THE COMPETITION ACT, 2002
CHAPTER I
Preliminary
1. Short title, extent and commencement
2. Definitions
CHAPTER II
Prohibition of certain Agreements, Abuse of Dominant
Position and Regulation of Combinations
Prohibition of agreements
3. Anti-competitive agreements
Prohibition of abuse of dominant position
4. Abuse of dominant position
Regulation of combinations
5. Combination
6. Regulation of combinations
Chapter III
Competition Commission of India
7. Establishment of Commission
8. Composition of Commission
9. Selection Committee for Chairperson and Members of Commission
10. Term of office of Chairperson and other Members
11. Resignation, removal and suspension of Chairperson and other Members
12. Restriction on employment of Chairperson and other Members in certain cases
13. Administrative powers of Chairperson
14. Salary and allowances and other terms and conditions of services of Chairperson and other Members
15. Vacancy, etc., not to invalidate proceedings of Commission
16. Appointment of Director-General, etc.
17. Appointment of Secretary, experts, professionals and officers and other employees of Commission
Chapter IV
Duties, Powers and Functions of Commission
18. Duties of Commission
19. Inquiry into certain agreements and dominant position of enterprise
20. Inquiry into combination by Commission
21. Reference by statutory authority
21A. Reference by Commission
22. Meetings of Commission
23. Distribution of business amongst Commission and Benches
24. Procedure for deciding a case where Members of a Bench differ in opinion
25. Jurisdiction of Bench
26. Procedure for inquiry under section 19
27. Orders by Commission after inquiry into agreements or abuse of dominant position
28. Division of enterprise enjoying dominant position
29. Procedure for investigation of combinations
30. Procedure in case of notice under sub-section (2) of section 6
31. Orders of Commission on certain combinations
32. Acts taking place outside India but having an effect on competition in India
33. Power to issue interim orders
34. Power to award compensation
35. Appearance before Commission
36. Power of Commission to regulate its own procedure
37. Review of orders of Commission
38. Rectification of orders
39. Execution of orders of Commission imposing monetary penalty
40. Appeal
Chapter V
Duties of Director General
41. Director General to investigate contraventions
Chapter VI
Penalties
42. Contravention of orders of Commission
42A. Compensation in case of contravention of orders of Commission
43. Penalty for failure to comply with directions of Commission and Director General
43A. Power to impose penalty for non-furnishing of information on combinations
44. Penalty for making false statement or omission to furnish material information
45. Penalty for offences in relation to furnishing of information
46. Power to impose lesser penalty
47. Crediting sums realised by way of penalties to Consolidated Fund of India
48. Contravention by companies
Chapter VII
Competition Advocacy
49. Competition advocacy
Chapter VIII
Finance, Accounts and Audit
50. Grants by Central Government
51. Constitution of Fund
52. Accounts and audit
53. Furnishing of returns, etc., to Central Government
Chapter VIIIA
Appellate Tribunal
53A. Appellate Tribunal
53B. Appeal to Appellate Tribunal
53C. Composition of Appellate Tribunal
53D. Qualifications for appointment of Chairperson and Members of Appellate Tribunal
53E. Selection Committee
53F. Term of office of Chairperson and Members of Appellate Tribunal
53G. Terms and conditions of service of Chairperson and Members of Appellate Tribunal
53H. Vacancies
53-I. Resignation of Chairperson and Members of Appellate Tribunal
53J. Member of Appellate Tribunal to act as its Chairperson in certain cases
53K. Removal and suspension of Chairperson and Members of Appellate Tribunal
53L. Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases
53M. Staff of Appellate Tribunal
53N. Awarding compensation
53-O. Procedure and powers of Appellate Tribunal
53P. Execution of orders of Appellate Tribunal
53Q. Contravention of orders of Appellate Tribunal
53R. Vacancy in Appellate Tribunal not to invalidate acts or proceedings
53S. Right to legal representation
53T. Appeal to Supreme Court
53U. Power to punish for contempt
Chapter IX
Miscellaneous
54. Power to exempt
55. Power of Central Government to issue directions
56. Power of Central Government to supersede Commission
57. Restriction on disclosure of information
58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants
59. Protection of action taken in good faith
60. Act to have overriding effect
61. Exclusion of jurisdiction of civil courts
62. Application of other laws not barred
63. Power to make rules
64. Power to make regulations
65. Power to remove difficulties
66. Repeal and saving
Part III
ACTS, RULES, REGULATIONS
1 The Competition Commission of India (General) Regulations, 2009
2 The Competition Commission of India (Determination of Cost of Production) Regulations, 2009
3 The Competition Commission of India (Lesser Penalty) Regulations, 2009
4 The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009
5 The Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009
6 The Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011
7 The Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011
8 Notifications issued under Competition Act
9 The Competition Commission of India (Competition Assessment of Economic Legislations and Policies) Guidelines, 2016
10 The Competition Appellate Tribunal (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008
11 The Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation Applications) Rules, 2009
12 The Competition Appellate Tribunal (Recruitment, Salaries and Other Terms and Conditions of Service of Officers and Other Employees) Rules, 2010
13 The Competition Commission of India (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003
14 The Competition Commission of India (Oath of Office and of Secrecy for Chairperson and Other Members) Rules, 2003
15 The Competition Commission of India (Selection of Chairperson and Other Members of the Commission) Rules, 2003
16 The Competition Commission of India (Return on Measures for the Promotion of Competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008
17 The Competition Commission of India (Term of the Selection Committee and the Manner of Selection of Panel of Names) Rules, 2008
18 The Competition Commission of India (Salary, Allowances, Other Terms and Conditions of Service of the Secretary and Officers and Other Employees of the Commission and the Number of Such Officers and Other Employees) Rules, 2009
19 The Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General Other Officers and Employees, their Manner of Appointment, Qualification, Salary, Allowances and Other Terms and Conditions of Service) Rules, 2009
20 Competition Commission of India (Director General) Recruitment Rules, 2009
21 The Competition Commission of India (Form and Time of Preparation of Annual Report) Rules, 2008
22 The Competition Commission of India (Form of Annual Statement of Accounts) Rules, 2009
23 Checklist for Appeals under Competition Act, 2002 to National Company Law Appellate Tribunal
24 Relevant Provisions of Finance Act, 2017
25 Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017
Part IV
COMMITTEE REPORTS
1. Relevant Extracts from the Report of the Parliamentary Standing Committee
2. Report of the High Level Committee on Competition Policy and Law
SUBJECT INDEX