Bharat’s Competition Act, 2002 by Dr. V.K. Agarwal – 2nd Edition June 2019.

Bharat’s Competition Act, 2002 by Dr. V.K. Agarwal – 2nd Edition June 2019.

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About COMPETITION ACT, 2002 (Student Edition)

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. 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
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
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 Questions15

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