The Competition Act, 2002

Act No. 12

13-Jan-2003

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be called the Competition Act, 2002.

(2)It extends to the whole of India except the State of Jammu and Kashmir *.

(3)It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Section 2 — Definitions

2. 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, understanding or action is formal or in writing; or

(ii)whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings; 2[(ba) “Appellate Tribunal ” means the National Company Law Appellate Tribunal referred to in sub-section ( 1) of section 53A; ]

(c)“cartel ” includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of service s;

(d)“Chairperson ” means the Chairperson of the Commission appointed under sub-section ( 1) of

Section 8

section 8;

(e)“Commission ” means the Competition Commission of India established under sub -section (1) of section 7; 3[(ea) “commitment ” means the commitment referred to in section 48B;]

Section 1 — 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March, 2003 in respect of [s. 1, cls. ( d), (g), (j), (k), (l) and ( n) of s. 2, ss.

1. 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March, 2003 in respect of [s. 1, cls. ( d), (g), (j), (k), (l) and ( n) of s. 2, ss. 8, 9, 10, 14, 16, 17, sub -sec. ( 1) of s. 63 and cls. ( a), (b), (d), (e), (f) and ( g) of sub -sec. ( 2) of s. 63]; 19th June, 2003, vide Notification no. S.O. 715(E), dated 19th June, 2003 in respect of [s. 2 {except cls. ( d), (g), (j), (k), (l) and ( n)}, ss. 7, 11, 12, 13, 15, 22, 23, 36, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, s. 63 {except cls. ( a), (b), (d), (e), (f), (g) and ( n) of sub - sec. ( 2)}, 64 and 65] 20th May, 2009, vide Notification No. S.O. 1241(E), dated 15th May, 2009 in respect of [s. 3, 4, 18, 19, 21, 26, 27, 28, 32, 33, 35, 38, 39, 41, 42, 43, 45, 46, 47, 48, 54, 55 and 56.] 1st September, 2009, vide Notification No. S.O. 2204(E), dated 28th August 2009 in respect of s. 66. 1st June, 2011, vide Notification No. S.O. 1231(E), dated 30th May 2011 in respect of s. 44.