Competition Commission of India, Government of India - CCI Protections for person reporting breaches of Act. 53L. Regulation of combinations. Section 9. Penalty for making false statement or omission to furnish material information, Penalty for offences in relation to furnishing of information, Crediting sums realised by way of penalties to Consolidated Fund of India, Furnishing of returns, etc., to Central Government, Power of Central Government to issue directions, Power of Central Government to supersede Commission, Members, Director General, Registrar, officers and other employees, etc., of Commission to be public servants, Exclusion of jurisdiction of civil courts. Site designed and developed by National Informatics Centre, Competition Commission of India (Number of Additional, Joint, Deputy Or Assistant Director-General Other officers and Employees, Their Manner of Appointment, Qualification, Salary, Allowances and Other Terms and Conditions of Service) Rules, 2009, 3. S.O. Preparation and furnishing of the Annual Report. (e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Powers to determine procedure in certain circumstances. [8], Significant amendments to the Act in March 2009 and March 2010 led to several criminal offences being repealed and/or converted into reviewable practices. To regulate the operation and activities of combinations (acquisitions, mergers and amalgamation). Procedure for deciding a case where Members of a Bench differ in opinion. (9) If the parties fail to accept the modification proposed by the Commission within thirty working days referred to in sub-section (6) or within a further period of thirty working days referred to in sub-section (8), the combination shall be deemed to have an appreciable adverse effect on competition and be dealt with in accordance with the provisions of this Act. The Act extends to the whole of India. (a) any vacancy in, or any defect in the constitution of, the Commission; or, (b) any defect in the appointment of a person acting as a Chairperson or as a Member; or. Provided further that the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission, shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices Commission had not been transferred to, and vested in, the Competition Commission of India or the Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Competition Commission of India or the Appellate Tribunal, as the case may be;], [the Competition Commission of India or the Appellate Tribunal, as the case may be,], [the Competition Commission of India or the Appellate Tribunal, as the case may be, shall, out of the monies standing], [the Competition Commission of India or the Appellate Tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the said Commission or the Tribunal, as the case may be, in such manner as may be prescribed]. The Competition Act, 2002 - Taxmann Blog 38. SO 1171 dated 24.5.2012 (Appointment of Chairperson, COMPAT), SO 987 dated 17.4.2013 Appointment of Sh. (a) directly or indirectly, imposes unfair or discriminatory-, (i) condition in purchase or sale of goods or services; or. [2][3] In 1912, the Supreme Court of Canada ruled in Weidman v Shragge that the purpose of the anti-combines provisions in the Criminal Code was to protect public interest in free competition. Section 1; Clause (d), (g), (j), (k), (l) and (n) of Section 2; Section 8; Section 9; Section 10; Section 14; Section 16; Section 17; Sub-Section (1) of Section 63; and Clauses (a), (b), (d), (e), (f) and (g) of sub-Section (2) of Section 63, brought into force on 31.3.2003 vide S.O. Power to strike out unnecessary party. 3. 9. Appeal to the High Court against determination of the Authority. (a) approval of the proposal relating to merger or amalgamation, referred to in clause (c) [and clause (d)] of section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be; (b) execution of any agreement or other document for acquisition referred to in clause (a) [and clause (d)] of section 5 or acquiring of control referred to in clause (b) of that section. 49. Notice for approval of combinations under Green Channel. 26. 39. S.O. Regulation of combination (acquisition, mergers, and amalgamation of certain size), 4. Ashok Kumar Gupta, Chairperson, CCI).pdf, Appointment notification of Ms. Sangeeta Verma , Member, CCI, PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS. Competition Commission of India (Selection of Chairperson and Other Members of The Commission) Rules, 2003, 5. (2) It extends to the whole of India except the State of Jammu and Kashmir. 39. Selection Committee for Chairperson and Members of Commission. Admissibility of statements contained in certain documents. Procedure and powers of Appellate Tribunal. New Economic Policy of 1991: Objectives, Features and Impacts. Procedure for investigation of combinations. Exclusion of jurisdiction of Civil Courts. Since the Competition Act 2002 has been tabled; it has not only governed competition between firms in India, but also focused on curbing monopolistic approach, abuse of dominance, and penalizing anticompetitive conduct. 12. Power of Commission to join multiple information. Competition Commission of India (Return On Measures For The Promotion of Competition Advocacy, Awareness and Training On Competition Issues) Rules, 2008, 3. The commission is also required to give opinion on competition issues on a reference received from a statutory authority established under any law and to undertake competition advocacy, create public awareness and impart training on competition issues. Competition Commission Of India (General) Regulations, 2009. Appointment of Secretary, experts, professionals and officers and other employees of Commission. (3B) The Director General shall, on receipt of direction under sub-section (3A), investigate the matter and submit a supplementary report on his findings within such period as may be specified by the Commission. 6. ], (a) not complied with the condition on which the lesser penalty was imposed by the Commission; or. Procedure in case of notice under sub-section (2) of section 6, [Provided that if the Commission does not form a, [(3) Where the Commission is of the opinion that any appreciable adverse effect on competition that the combination has, or is likely to have, can be eliminated by modification proposed by the parties or the Commission, as the case may be, under sub-section (7) of section 29 or sub-section (2) or sub-section (3) of section 29A, it may approve the combination subject to such modifications as it thinks fit. One of the main objectives of Competition Act, 2002 is to promote a fair and healthy competition in the market and prevent anti-competitive practices/agreements that cause or are likely to cause appreciable adverse effect on competition. [the Secretary or officers or other employees of the Commission or the Chairperson, Members, officers and other employees of the Appellate Tribunal]. Effective date of sections 7, 11, 12 etc. Short title, extent and commencement. (1) This Act may be called the Competition Act, 2002. Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases. 10. Indias official anti monopoly body; the Competition Commission of India (CCI) had finally become operational from May 20, 2009. Definitions. Execution of orders of Commission imposing monetary penalty. Abuse of Dominant Position under Section 4 of Competition Law Inquiry into combination by Commission. (c) the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition which cannot be eliminated by suitable modification to such combination, (a) the acquisition referred to in clause (a) of section 5; or, (b) the acquiring of control referred to in clause (b) of section 5; or. (a) physical characteristics or end-use of goods [or the nature of services]; (f) classification of industrial products. 15. Home Combination Act Act The Competition Act, 2002 was passed by the Parliament in the year 2002, to which the President accorded assent in January, 2003. Anti-competitive agreements. The fines amounted to 29.2% and 11.8% respectively of ADM's sales in Canada during the conspiracy.[1]. The competition commission of India (Terms of the selection committee and the manner of selection of panel of names ) Rules 2008. According to the Enterprise Act 2002 ("EA 2002"), any merger is to be referred to the Competition and Markets Authority ("CMA") in the event that a merger substantially lessens competition . 52. [3], To regulate advertising, in 1984, Parliament inserted a chapter on unfair trade practices in the Monopolies and Restrictive Trade Practices Act, 1969. ], [Any other agreement amongst enterprises or persons including but not restricted to agreement amongst enterprises or persons], [Provided that nothing contained in this sub-section shall apply to an agreement entered into between an enterprise and an end consumer. The Competition Commission of India (Oath of Office and Secrecy for Chairperson and other members) Rules ,2003. [sections 6, 27, 28, 31, 32, 33, 42A, 43, 43A, 44 and 45 of the Act, he shall be liable to a penalty], [pay the penalty imposed under sub-section (2)]. The Competition Commission of India (salary, allowances, other terms and conditions of service of the Secretary and officers and other employees of the Commission and the number of such officers and other employees) Amendment Rules, 2009. Penalty for contraventions in relation to furnishing of information. Appointment of independent agencies to oversee modification. Power of Central Government to supersede Commission. For instance, a manufacturer of consumer electronics might have a vertical agreement with a retailer according to which the latter would promote their products in return for lower prices. S.O.1199(E) dated 14.10.2003. 23. [13. The Bureau is also responsible for the administration and enforcement of the Consumer Packaging and Labelling Act (for non-food products), the Textile Labelling Act, and the Precious Metals Marking Act. Corrigendum - The Competition Commission of India (Director-General) Recruitment Rules, 2009. India Code: Competition Act, 2002 Orders by Commission after inquiry into agreements or abuse of dominant position. The Competition Act, 2002 (12 of 2003) Last Updated 13th April, 2023 [act390] Information relating to offences under this Act may be disclosed to Authority. A 'horizontal agreement' is an agreement for co-operation between two or more competing businesses operating at the same level in the market. Contents of information or the reference. The Tribunal could also hear references filed pursuant to section 124.2 of the Competition Act and award costs of proceedings before it. (ii) whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings; [(ba) "Appellate Tribunal" means the Competition Appellate Tribunal established under sub-section (1) of section 53-A;]. 2 of 2013), CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014, CCI (Manner of Recovery of Monetary Penalty) Amendment Regulations, 2014, CCI (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 2014, CCI (Procedure for Engagement of Experts and Professionals) Regulations, 2009, CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015, CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016, The Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017, CCI(Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2018, The Competition Commission of India (General) Amendment Regulations, 2018, Circulation of Notification No. 10 Landmark Competition Law Case Laws | 2022 - Taxmann [(e) all sums received by the Commission from such other sources as may be decided upon by the Government.]. 57. (b) enquiry to be conducted under sub-section (3) shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same, and not for examining afresh the findings of the Commission or the Appellate Tribunal [or the Supreme Court,] on whether any violation of the Act has taken place. (iii) control the management or affairs of the other enterprise; (c) "turnover" means the turnover certified by the statutory auditor on the basis of the last available audited accounts of the company in the financial year immediately preceding the financial year in which the notice is filed under sub-section (2) or sub-section (4) of section 6 and such turnover in India shall be determined by excluding intra-group sales, indirect taxes, trade discounts and all amounts generated through assets or business from customers outside India, as certified by the statutory auditor on the basis of the last available audited accounts of the company in the financial year immediately preceding the financial year in which the notice is filed under sub-section (2) or sub-section (4) of section 6; (d) "value of transaction" includes every valuable consideration, whether direct or indirect, or deferred for any acquisition, merger or amalgamation; (e) the value of assets shall be determined by taking the book value of the assets as shown, in the audited books of account of the enterprise, in the financial year immediately preceding the financial year in which the date of proposed combination falls and if such financial statement has not yet become due to be filed with the Registrar under the Companies Act, 2013 (18 of 2013) then as per the statutory auditor's report made on the basis of the last available audited accounts of the company in the financial year immediately preceding the financial year in which the notice is filed under sub-section (2) or sub-section (4) of section 6, as reduced by any depreciation, and the value of assets shall include the brand value, value of goodwill, or value of copyright, patent, permitted use, collective mark, registered proprietor, registered trade mark, registered user, homonymous geographical indication, geographical indications, design or layout-design or similar other commercial rights under the laws provided in sub-section (5) of section 3; (f) where a portion of an enterprise or division or business is being acquired, taken control of, merged or amalgamated with another enterprise, the value of assets or turnover or value of transaction as may be applicable, of the said portion or division or business or attributable to it, shall be the relevant assets or turnover or relevant value of transaction for the purpose of applicability of the thresholds under section 5.]. 53I. Resignation of Chairperson and Members of Appellate Tribunal. 5. It was subsequently amended by the Competition (Amendment) Act, 2007. Inspection and certified copies of documents. Proceedings before Commission not to be open to public. Limit or control production, supply, markets, technical development, investment or provision of services. Analyzing Interconnected Transactions Under 2002 Indian Competition Act It replaced the archaic The Monopolies and Restrictive Trade Practices Act, 1969. (a) any of the officers and other employees and agents of the party being investigated; and. Inquiry into certain agreements and dominant position of enterprise. Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India. Division of enterprise enjoying dominant position. (a) in the case of the Chairperson, the age of sixty-eight years; (b) in the case of any other Member of the Appellate Tribunal, the age of sixty-five years. 48. Vacancy in Appellate Tribunal not to invalidate acts or proceedings. (h) need for secure or regular supplies or rapid after-sales services. Brain Teaser: Find Who Went Out of House at Night in 4 Seconds! [4], The Monopolies and Restrictive Trade Practices Commission was constituted in the year 1970. [(d) the procedures to be followed for engaging the experts and professionals under sub-section (3) of section 17; (e) the fee which may be determined under clause (a) of sub-section (1) of section 19; (f) the rules of procedure in regard to the transaction of business at the meetings of the Commission under sub-section (1) of section 22; [(fa) other details to be indicated in the show-cause notice under sub-section (9) of section 26; (fb) the manner of determining turnover or income under the Explanation 1 to clause (b) of section 27; (fc) the manner in which modification may be proposed by parties to the combination to the Commission under sub-section (2) of section 29A;].
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