The Competition Act 2002

Section 49 – The Competition Act, 2002

Competition Advocacy [(1) The Central Government may, in formulating a policy on competition (including review of laws related to competition) or on any other matter, and a State Government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the Commission for its opinion on possible […]

Section 48 – The Competition Act, 2002

Contravention by companies (1) Where a person committing contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the

Section 46 – The Competition Act, 2002

Power to impose lesser penalty The Commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have violated section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser

Section 45 – The Competition Act, 2002

Penalty for offences in relation to furnishing of information [(1) Without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any information,— (a) makes any statement or furnishes any document which he knows or has reason to believe to be false in

Section 44 – The Competition Act, 2002

Penalty for making false statement or omission to furnish material information If any person, being a party to a combination,— (a) makes a statement which is false in any material particular, or knowing it to be false; or (b) omits to state any material particular knowing it to be material, such person shall be liable to a penalty

Section 43A – The Competition Act, 2002

Power to impose penalty for non-furnishing of information on combinations If any person or enterprise who fails to give notice to the Commission under sub-section (2) of section 6, the Commission shall impose on such person or enterprise a penalty which may extend to one per cent. of the total turnover or the assets, whichever is higher, of such a combination.]   Amendment 1. Section 43A shall stand inserted (date to

Section 43 – The Competition Act, 2002

Penalty for failure to comply with directions of Commission and Director General If any person fails to comply, without reasonable cause, with a direction given by— (a) the Commission under sub-sections (2) and (4) of section 36; or (b) the Director General while exercising powers referred to in sub-section (2) of section 41, such person shall be punishable with fine which may extend to rupees

Section 42A – The Competition Act, 2002

Compensation in case of contravention of orders of Commission Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the Commission or contravening, without

Section 42 – The Competition Act, 2002

Contravention of orders of Commission (1) The Commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the Act. (2) If any person, without reasonable clause, fails to comply with the orders or directions of the Commission issued under sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine