The Competition Act 2002

Section 11 – The Competition Act, 2002

Resignation, removal and suspension of Chairperson and other Members. (1) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months […]

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Section 10 – The Competition Act, 2002

Term of office of Chairperson and other Members (1) The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment: 1[Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of sixty-five

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Section 9 – The Competition Act, 2002

Selection Committee for Chairperson and Members of Commission (1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of— (a) the Chief Justice of India or his nominee……..Chairperson; (b) the Secretary in the Ministry of Corporate Affairs………Member; (c) the Secretary in the Ministry of

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Section 8 – The Competition Act, 2002

Composition of Commission (1) The Commission shall consist of a Chairperson and not less than two and not more than six other Members to be appointed by the Central Government. (2) The Chairperson and every other Member shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce,

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Section 7 – The Competition Act, 2002

Establishment of Commission (1) With effect from such date1 as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the “Competition Commission of India”. (2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of

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Section 6 – The Competition Act, 2002

Regulation of combinations (1) No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in India and such a combination shall be void. (2) Subject to the provisions contained in sub-section (1), any person or enterprise, who or which proposes to enter into a combination, 1[may, at his or

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Section 5 – The Competition Act, 2002

Combination The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if— (a) any acquisition where— (i) the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, voting rights or assets have been acquired or are being acquired jointly have,— (A) either, in India, the assets of the value of

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Section 4 – The Competition Act, 2002

Abuse of dominant position [(1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 2[under sub-section (1), if an enterprise or a group],— (a) directly or indirectly, imposes unfair or discriminatory— (i) condition in purchase or sale of goods or service; or (ii) price in purchase or sale (including predatory price) of goods or service. Explanation.—For the purposes of this

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Section 3 – The Competition Act, 2002

Anti-competitive agreements (1) No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India. (2) Any agreement entered into in contravention of the provisions contained in sub-section (1) shall be void. (3) Any agreement entered into between enterprises or

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Section 2 – The Competition Act, 2002

Definitions In this Act, unless the context otherwise requires,— (a) “acquisition” means, directly or indirectly, acquiring or agreeing to acquire— (i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise; (b) “agreement” includes any arrangement or understanding or action in concert,— (i) whether or not, such arrangement,

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