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COMPETITION ACT 2002 PDF

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(2) This Act may be called the Competition Act, Short title, extent and (e) " Commission" means the Competition Commission of India established under. THE COMPETITION ACT, (12 OF ). CONTENTS. Sections. Page. CHAPTER I. PRELIMINARY. 1. Short titles, extent and commencement. 1. 2. In April the Competition Act, was enacted to consolidate and modernise the (Control) Act, , as amended, the Competition Act, and the.


Competition Act 2002 Pdf

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Competition Acts to this Act is one of a group of Acts included in this Competition Act (Section 34(11)) (Commission For Taxi Regulation). (1) This Act may be called the Competition Act, (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on. Objective of the Competition Act, An Act, keeping in view of the economic development of the country, was laid down to provide for an establishment of a.

Undertakings are prohibited from abusing a dominant position. The implementation of a concentration, as described in Article 27, shall not be deemed to be an abuse of a dominant position. Exception in relation to the performance of special tasks Article 25 Exceptions related to the performance of special tasks - 1. The Board may, on request, declare Article 24 1 inoperative in respect of a designated practice, insofar as the application of Article 24 1 prevents the provision of a service in the public economic interest, entrusted to an undertaking by law or by an administrative body.

A declaration, as referred to paragraph 1 , may be issued subject to restrictions; a declaration may be issued subject to conditions. Chapter 4A Financial transparency within certain undertakings Article 25a Definitions The following definitions shall apply to this Chapter: 1 'Directive': Directive No.

Article 25b Duty to keep administrative records for undertakings with exclusive rights - 1. Undertakings, to which a special or exclusive right has been granted, in accordance with Article 86 1 of the Treaty , or which, in accordance with Article 86 2 of the Treaty , are entrusted with providing a service in the public economic interest, which, in respect of this service, receive compensation in any form, and which carry out various activities, shall keep administrative records such that: a.

The undertaking shall keep the data, referred to in paragraph 1 a , b and c , for five years, calculated from the end of the financial year to which the data relate. Article 25c Exemption from the duty to keep administrative records Article 25b 1 shall not apply to activities which are subject to specific provisions adopted by the European Community in relation to the separation of administrative records other than those contained in the Directive.

Article 25d Exemption for certain undertakings from the duty to keep administrative records - 1. Article 25b 1 shall also not apply to: a. The amount, referred to in paragraph 1 b and the amount, referred to in paragraph 2 , may be amended by a decision of Our Minister, if the amendment is pursuant to a binding decision of a body of the European Communities.

Article 25e Duty of undertakings to provide information to the European Commission If the Commission of the European Communities requests that it wishes to be provided with information, as referred to in Article 25b 1 , the undertaking in question shall provide the Board, at its request, with the respective information within a term to be set by the Board.

The Board shall forward the information to the Commission of the European Communities. Article 25f Delegation of legislative power If the proper implementation of the Directive so requires, Our Minister may introduce regulations containing further rules in respect of the application of this Chapter.

Powers and Functions of the Competition Commission of India

The creation of a joint undertaking, which performs all the functions of an autonomous economic entity on a lasting basis shall qualify as a concentration as meant in paragraph 1 b. In derogation from Article 27, a concentration shall not be deemed to arise where: a.

If requested, the Board may extend the term, referred to in paragraph 1 a , if the respective institutions or insurance companies show that, within reason, the sale was not feasible within the stipulated term. Scope of application of concentration oversight Article 29 Concentrations subject to the provisions of the present Chapter - 1. The thresholds, referred to in paragraph 1 , may be increased by Order in Council. By Order in Council, the threshold, referred to in paragraph 1 , may be lowered for specific categories of undertakings as determined by that Order in Council for periods of up to five years.

Any such periods may be renewed by Order in Council. Article 30 Calculation of turnover - 1. The turnover, as referred to in Article 29 1 , shall be calculated in accordance with the provisions of Article 6 of Book 2 of the Netherlands Civil Code in respect of net turnover.

Where the concentration is implemented through the acquisition of control over parts, whether or not constituted as legal entities, of one or more undertakings, in respect of the seller or sellers, only the turnover relating to the parts which are the subject of the transaction shall be taken into account in calculating the turnover, as referred to in Article 29 1.

Two or more acquisitions, as referred to in the first sentence, that are effected within a time span determined by the Board and that are interdependent, or for economic purposes are linked together in such a manner that those acquisitions should be considered as one, shall be deemed to constitute a single concentration effected on the day of the final transaction.

Without prejudice to the provisions of paragraph 2 , the aggregate turnover of the undertaking involved, as referred to in Article 29 1 , shall be determined by the sum of the respective turnovers of the following undertakings: a. Where undertakings involved in the concentration jointly hold the rights or powers, as referred to in paragraph 3 b , in calculating the aggregate turnover of the undertakings concerned, for the purposes of Article 29 1 : a.

This turnover shall be apportioned to the undertakings in proportion to their participating interests in the joint undertaking. Transactions between the undertakings, as referred to in paragraph 3 , shall not be taken into account in calculating the combined turnover of the undertakings involved, as referred to in Article 29 1. Article 31 Calculation of turnover of credit and financial institutions - 1. For the application of Article 29 1 , the turnover of credit institutions and financial institutions, as referred to in the Dutch Financial Supervision Act ['Wet op het financieel toezicht'], shall be replaced by the sum of the following income components included in the profit and loss account for the previous financial year, in accordance with the rules laid down in Article of Book 2 of the Dutch Civil Code ['Burgerlijk Wetboek']: a.

Notification Article 34 Duty to notify the Board of an intention to form a concentration It is prohibited to implement a concentration before the Board has been notified of the intention to do so and before a subsequent period of four weeks has passed.

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Article 35 Content of a notification to the Board - 1. Notifications shall include such information as is required by Order in Council. Article of the General Administrative Law Act 'Algemene wet bestuursrecht' shall apply mutatis mutandis. The Board may require the parties involved in the concentration to provide further information in the event of non-compliance with the provisions of Article 1, or if the information provided is insufficient for the purpose of the assessment of a notification.

Information, which the undertaking deems to be confidential, provided by an undertaking with the notification shall not be made public until one week has passed after the announcement of a decision of the Board to this effect. If an application is made for a provisional injunction, as referred to in Article of the General Administrative Law Act ['Algemene wet bestuursrecht'], in relation to the decision of the Board, as referred to in paragraph 3 , the term stipulated in Articles 34 and 37 1 and 3 shall be suspended until the day on which the written ruling of the district court in interlocutory proceedings, as referred to in Article 93 1 , is handed down.

Article 36 Publication of notifications received by the Board Notifications which the Board receives shall be announced in the Netherlands Government Gazette ['Staatscourant'] at the earliest opportunity. Article 37 Response of the Board to a notification - 1. Within four weeks of the receipt of a notification, the Board shall give notice as to whether a license is required for the concentration to which the notification relates.

The Board may determine that a license is required for a concentration if it has reason to assume that the said concentration could appreciably impede effective competition on the Dutch market or on a part thereof, particularly as a result of the creation or strengthening of a dominant economic position.

Conditions may be attached to the notice that no license is required for effecting the concentration if it is indisputably evident from the data and proposals submitted in connection with the notification that the consequences as described in paragraphs 2 and 3 may be avoided if the conditions specified are met.

If paragraph 1 is not applied within four weeks, no license shall be required for the concentration. The term, referred to in the previous sentence, shall commence on the first day following receipt of the notification, provided this is not a Saturday, Sunday or a public holiday, in accordance with the Dutch General Extension of Time Limits Act ['Algemene termijnenwet'].

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Pursuant to the Board's unconditional notice, as described in paragraph 1 , that a license is not required for the concentration, the prohibition in Article 34 shall cease to apply in respect of the said concentration.

In the event of a notice as described in paragraph 4 , the prohibition in Article 34 shall remain applicable until the conditions specified have been met. If the parties fail to meet those conditions, or fail to meet them within the time permitted, a license shall then be required. The notice of the Board, as referred to in paragraph 1 , shall be published in the Netherlands Government Gazette.

Article 38 Periods to provide additional information to the Board - 1. If the provisions of Article 35 1 have not been met and the Board has, within five working days after the day of receipt of the notification, requested the notifying party to submit the missing information or documents, the said term of four weeks, as referred to in Article 34 and Article 37 1 and 5 , shall commence on the day on which that information or those documents are provided.

Without prejudice to the matters set out in paragraph 1 , the said term of four weeks, as referred to in Article 34 and Article 37 1 and 5 , shall be suspended from the day on which the Board requests further information, pursuant to Article 35 2 , until the day on which such information is provided by each of the parties from which further information is requested.

The Board may also suspend the term once, based on a substantiated request from each of the notifying parties, if the Board is of the opinion that such serves to further the handling of the notification. Notifications are deemed not to have been made if further information, as referred to in paragraph 2 , has not been provided within six months following the date on which the last request for further information was made and the term has not been suspended pursuant to paragraph 3.

Article 39 Exemption from notification duty in case of a public acquisition or exchange bid - 1. Article 34 shall not apply in the case of a public acquisition or exchange bid aimed at the acquisition of a share in the capital of an undertaking, provided that the Board is notified of this immediately and the acquiring party does not exercise the voting rights attached to the said share in the capital.

If the Board gives notice that a license is required, pursuant to Article 37 1 , in respect of a notification, as referred to in paragraph 1 , the concentration: a. At the request of the notifying party, as referred to in paragraph 1 , in derogation from paragraph 1 , the Board may decide that the voting rights, as referred to in paragraph 1 , may be exercised in order to maintain the full value of the said party's investment.

Article 40 Exemption from notification duty granted by the Board - 1. At the request of the notifying party, the Board may, on important grounds, grant an exemption from the prohibition of Article Exemption may be granted subject to restrictions; conditions may be attached to an exemption.

If, after granting an exemption, as referred to in paragraph 1 , in respect of the aforesaid notification, the Board gives notice that a license is required, pursuant to Article 37 1 , and the concentration has been implemented before such notice has been given, the concentration: a.

Licenses Article 41 License to effectuate a concentration - 1. The effecting of a concentration, in respect of which a license is required pursuant to Article 37, is prohibited without a license. A license shall be refused if, as a result of the proposed concentration, effective competition on the Dutch market or a part thereof would be appreciably impeded, specifically as a result of the creation or strengthening of a dominant economic position.

Article 37 3 shall apply mutatis mutandis if the application for a license concerns a concentration, as referred to in Article 27 2 , aimed at or resulting in coordination of the competitive behaviour of the effecting undertakings. If at least one of the undertakings involved in the concentration is entrusted with the provision of services in the public economic interest, by law or by an administrative body, a license may be refused only if such refusal does not obstruct the performance of the duties entrusted to the undertaking or undertakings in question.

A license may be issued subject to restrictions; conditions may be attached to a license. Article 42 Application for a license - 1. An application for a license shall be submitted to the Board. The information to be provided with an application may be stipulated in an Order in Council.

Information, which the undertaking deems to be confidential, provided by an undertaking with the notification, shall not be made public until one week has passed after the announcement of a decision of the Board to this effect. If an application is made for a provisional injunction, as referred to in Article of the General Administrative Law Act 'Algemene wet bestuursrecht' , in relation to the decision of the Board, as referred to in paragraph 3 , the term, as referred to in Article 44 1 , shall be suspended until the day on which the written ruling of the court of interlocutory proceedings, as referred to in Article 93 1 , is handed down.

The Board shall announce applications received in the Netherlands Government Gazette at the earliest opportunity. Article 43 Duty to explain earlier provided information to the Board An undertaking shall provide the Board, on request, with such explanations of the information regarding its business as are deemed necessary, within reason, for the assessment of a license application. Article 44 Decision of the Board on the application for a license - 1.

The Board shall issue its decision on the application within thirteen weeks of receipt of the said application. Failure to issue a decision within thirteen weeks shall be equated with the granting of a license.

If an application is submitted before the Board gives notice that a license is required for the said concentration, the application shall not be processed until such notice has been given. The term, as referred to in paragraph 1 , shall commence on the date that such notice is given.

The decision shall be available for inspection at the offices of the Competition Authority following its announcement. Information which does not qualify for publication, pursuant to Article 10 of the Dutch Act on Public Access to Government Information ['Wet openbaarheid van bestuur'], shall not be made available for inspection.

The decision shall be published in the Netherlands Government Gazette. Article 45 Revocation of a license that was granted The Board may revoke a license if the information provided is inaccurate to the extent that a different decision would have been made in respect of the license if the correct information had been known. Article 46 Exemption granted by the Board from the requirement to have a licence - 1.

For important reasons, at the request of an applicant for a license, the Board may grant an exemption from the prohibition of Article 41 1 until an irrevocable decision is issued on the license application. An exemption may be granted subject to restrictions; conditions may be attached to an exemption.

If the license application is withdrawn or a license is refused after the exemption, referred to in paragraph 1 , has been granted, the concentration, insofar as it has been implemented, shall be reversed within thirteen weeks. If the license is granted subject to restrictions or conditions, the concentration, insofar as it has been implemented, shall be brought into compliance with such restrictions or conditions within thirteen weeks.

Article 47 Request to the Minister if a license is denied by the Board - 1. After the Board has refused a license for the implementation of a concentration and following an application requesting such, Our Minister may decide that the license shall be granted if, in the Minister's opinion, this is necessary for important reasons in the public interest, which outweigh the expected impediment to competition.

An application, as referred to in paragraph 1 , may be submitted up to four weeks after the Board's decision to refuse a license has become irrevocable. If an application, as referred to in paragraph 1 , is made, the consideration of administrative and judicial appeals against the Board's decision shall be suspended until an irrevocable decision is issued on the said application.

Article 48 Delegation of legislative power The information that must be provided with an application for a license submitted to Our Minister may be specified in an Order in Council. Article 49 Decision of the Minister on a request - 1. Our Minister shall take his decision on an application, in accordance with the views of the Cabinet, within twelve weeks of receipt of the application.

Article 44 3 and 4 shall apply mutatis mutandis. Chapter 5A Commitment decision Article 49a Application for a binding commitment - 1.

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For the purposes of preparing a report, as referred to in Article 59, or if a report has been adopted, an undertaking or association of undertakings may, until the moment that a decision, as referred to in Article 62, has been made, apply to the Board for a decree in which the Board declares a commitment set out in that application to be binding for the undertaking or association of undertakings, in order: a.

The Board may issue a decision, as meant in paragraph 1 , if it is of the opinion that: a. In a decree, as referred to in paragraph 1 , the Board shall also decision that it will not launch an investigation, will discontinue a previously initiated investigation, will refrain from drawing up a report or will refrain from imposing an administrative fine or an order subject to periodic penalty payments.

The decision shall not set out any opinion as to whether the behavior of the undertaking or association of undertakings can be reconciled with the provisions set out in or pursuant to this Act. Once the Board has issued a decision, as referred to in paragraph 1 , the undertaking or association of undertakings shall behave in accordance with that decision. A decree, as referred to in paragraph 1 , shall be issued for a specific term. The Board may decide to renew any such decision for a specific term.

Article 49c Investigations conducted by the Board - 1. After having issued a decision, as referred to in Article 49a 1 , or a ruling renewing such a decision, as referred to in the second sentence of Article 49a 5 , the Board may still initiate an investigation if: a.

During the course of the investigation, as referred to in paragraph 1 , the Board may revoke or amend a decision, as referred to in Article 49a 1 , or a ruling renewing such a decision, as referred to in the second sentence of Article 49a 5. Part 3. Article 49d Decision deposited at the office of the Competition Authority - 1.

After having been announced, a decision, as referred to in Article 49a 1 , or a decision renewing such a decision, as referred to in the second sentence of Article 49a 5 , shall be made available for inspection at the offices of the Competition Authority. Information that does not qualify for provision, pursuant to Article 10 of the Dutch Act on Public Access to Government Information ['Wet openbaarheid van bestuur'], shall not be made available for inspection.

Enforcement Article 50 Enforcement of compliance with the provisions of the Competition Act - 1. The officials of the Competition Authority, as appointed in accordance with a decision of the Board, shall be responsible for enforcing compliance with the provisions of or pursuant to this Act.

With a view to the exercising of the Board's powers, as referred to in Article 9 1 , Article 13 2 , Article 15 2 and Article 89a 1 , the officials, appointed pursuant to paragraph 1 , shall hold the powers assigned to them for the performance of their enforcement duties. Notice of a decision, as referred to in paragraph 1 , shall be given by the publication thereof in the Netherlands Government Gazette.

Article of the General Administrative Law Act 'Algemene wet bestuursrecht' shall not apply to documents relating to the application of competition rules, exchanged between an undertaking and a lawyer admitted to the Bar, which are in the possession of the undertaking, but which, had they been in the possession of the lawyer, would have been subject to Article 2 of the General Administrative Law Act 'Algemene wet bestuursrecht'.

Article 1 shall apply mutatis mutandis to those meant in Article 51 2 2 of the Netherlands Criminal Code. Investigations Article 52 Officials charged with conducting investigations - 1. The officials appointed, pursuant to Article 50 1 , shall be responsible for investigations. For the purpose of investigations, they shall have the powers assigned to them in this paragraph, as well as the powers assigned to them for the performance of their enforcement duties, as referred to in Article 50 1 , taking account of the restrictions in this respect imposed in this paragraph.

Article 53 Request for information in case of the presumption of a violation - 1. If the officials, referred to in Article 52 1 , have reason to suspect that a certain undertaking or association of undertakings has committed a violation, the undertaking or association of undertakings shall not be obliged to make a statement. The parties concerned shall be notified of this prior to an oral request for information on the matter in question.

Article 54 Right to seal of business premises and objects The officials, referred to in Article 52 1 , are authorized to seal off business premises and objects, insofar as this may be deemed necessary, within reason, for exercising the powers referred to in Article of the General Administrative Law Act 'Algemene wet bestuursrecht'. Article 54a Administrative fine or order under s periodic penalty payment The activities relating to imposing an administrative fine or an order subject to periodic penalty payments shall be carried out by persons who were not involved in the preparation of the report, as referred to in Article 59 1 or Article 77 1 , as applicable, and the investigation that preceded that report.

Article 55 Right to enter and search houses - 1. The officials, referred to in Article 52 1 , shall, if necessary, exercise the powers assigned to them under Article of the General Administrative Law Act 'Algemene wet bestuursrecht' , as well as the power to enter and search a home as referred to in paragraph 1 , with the assistance of the police.

Agreements which would be considered to have an appreciable adverse impact would be those agreements which- Directly or indirectly determine sale or purchase prices, Limit or control production, supply, markets, technical development, investment or provision of services, Share the market or source of production or provision of services by allocation of inter alia geographical area of market, nature of goods or number of customers or any other similar way, Directly or indirectly result in bid rigging or collusive bidding.

Types of agreement[ edit ] A 'horizontal agreement' is an agreement for co-operation between two or more competing businesses operating at the same level in the market. A vertical agreement is an agreement between firms at different levels of the supply chain. 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.

Abuse of dominant position[ edit ] There shall be an abuse of dominant position if an enterprise imposes directly or indirectly unfair or discriminatory conditions in purchase or sale of goods or services or restricts production or technical development or create hindrance in entry of new operators to the prejudice of consumers.

The provisions relating to abuse of dominant position require determination of dominance in the relevant market. Dominant position enables an enterprise to operate independently or effect competitors by action [14] Combinations[ edit ] The Act is designed to regulate the operation and activities of combinations, a term, which contemplates acquisition, mergers or amalgamations. Combination that exceeds the threshold limits specified in the Act in terms of assets or turnover, which causes or is likely to cause adverse impact on competition within the relevant market in India, can be scrutinized by the Commission.

Competition Commission of India[ edit ] Competition Commission of India [15] is a body corporate and independent entity possessing a common seal with the power to enter into contracts and to sue in its name.

It is to consist of a chairperson, who is to be assisted by a minimum of two, and a maximum of six, other members. 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.At the request of the notifying party, as referred to in paragraph 1 , in derogation from paragraph 1 , the Board may decide that the voting rights, as referred to in paragraph 1 , may be exercised in order to maintain the full value of the said party's investment.

Before an administrative fine is imposed, the accounts and records of the undertaking or association of undertakings may be investigated by officials of the Competition Authority appointed by a decision of the Board in order to determine the financial data to be taken into account for the purposes of imposing the administrative fine.

Information which does not qualify for publication, pursuant to Article 10 of the Dutch Act on Public Access to Government Information ['Wet openbaarheid van bestuur'], shall not be made available for inspection. Dominant position enables an enterprise to operate independently or effect competitors by action [14] Combinations[ edit ] The Act is designed to regulate the operation and activities of combinations, a term, which contemplates acquisition, mergers or amalgamations.

A license shall be refused if, as a result of the proposed concentration, effective competition on the Dutch market or a part thereof would be appreciably impeded, specifically as a result of the creation or strengthening of a dominant economic position.

Powers and Functions of the Competition Commission of India

An explanation of how to read annotations is available at. Offence in respect of breach of section 5 1 or Article 82 of the Treaty. If it is impossible to issue or send the report, the examining magistrate or the official who entered the home or conducted the search shall ensure that the copy is available for the person whose home was entered or in whose home the search was conducted for a period of six months.

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