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Competition Act, 2002 (Student Edition) at Meripustak

Competition Act, 2002 (Student Edition) by Prof Dr V K Agarwal, Bharat Law House Pvt Ltd

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  • General Information  
    Author(s)Prof Dr V K Agarwal
    PublisherBharat Law House Pvt Ltd
    Edition2nd Edition
    Publish YearMay 2019


    Bharat Law House Pvt Ltd Competition Act, 2002 (Student Edition) by Prof Dr V K Agarwal

    Table of Contents:
    1. Short title, extent and commencement
    2. Definitions
    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
    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. Establishment of 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
    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
    Gist of Select Cases on Competition Act
    Competition Commission of India versus Bharti Airtel Limited & Other Civil Appeal No. 11844-11845 of 2018 etc, Judgment Dated December 5, 2018 (SC)
    Rajasthan Cylinders and Containers Limited versus Union of India & Another Civil Appeal No. 3546 of 2014 etc., Judgment Dated October 1, 2018 (SC)
    Competition Commission of India verses Co-ordination Committee of Artist and Technicians of West Bengal Film and Television Industry Misc. Application 490/2017 in Civil Appeal No. 6691/2014, Order dated May 7, 2018 (SC)
    SCM Solifert Limited & Anr. versus Competition Commission of India  Civil Appeal No. 10678 of 2016, Judgment dated April 17, 2018 (SC) 
    Excel Crop Care Limited versus Competition Commission of India & others C.A. No. 2480 of 2014 (with 53-55, 2874 and 2922 of 2014, Judgment Dated May 8, 2017 (SC)
    Competition Commission of India versus Co-Ordination Committee of Artists and Technicians of W.B. Film and Television & Others Civil Appeal No. 6691 of 2014, Judgment Dated March 07, 2017 (SC)
    Competition Commission of India versus Steel Authority of India Ltd. & Anr. Civil Appeal No.7779 of 2010, Judgment Dated September 9, 2010 (SC)
    Brahm Dutt versus Union of India Writ Petition (Civil) 490 of 2003, Judgment Dated January 20, 2005 (SC)
    Amir Khan Production Private Limited versus Union of India & Ors. Writ Petition No. 358 of 2010, Judgment Dated August 18, 2010 (Bom HC)
    Anuj Kumar Bhati versus Sony Entertainment TV (SET) & Ors. Appeal No. 05 of 2011 Order dated August 18, 2011 (CAT)
    FICCI Multiplex Association of India versus Karnataka Film Chamber of Commerce & Ors. Appeal No. 20 of 2010 Order dated March 3, 2011 (CAT)
    Question Bank — Model Questions