Section 21 – The Competition Act, 2002

Reference by statutory authority

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

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

2[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.]

 

Amendment

1. The proviso ins. by Act 39 of 2007, s. 15 (w.e.f. 20-5-2009).

2. Subs. by s. 15, ibid., for sub-section (2) (w.e.f. 20-5-2009).

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