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COMPETITION (AMENDMENT) ACT 2007

Ministry of Law and Justice

Act nº 39 of 2007


  • Act nº 39 of 2007

Preamble

THE COMPETITION (AMENDMENT) ACT, 2007

[Act No. 39 of 2007]

[24th September, 2007]

PREAMBLE

An Act to amend the Competition Act, 2002.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--

Section 1. Short title and commencement

11. Short title and commencement.--

(1) This Act may be called the Competition (Amendment) Act, 2007.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates2 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.

1. Effective from 12.10.2007 as per Notification No. S.O.1746(E) Dated 12.10.2007

2. Section 2, 6, 7, 8, 9, 11, 12, 17, 18, 27, 29, 30, 32, 40, 41, 42, 43, except sections 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53I, 53J, 53K, 53L, 53M, 53N, 53O, 53P, 53Q, 53R, 53S, 53T, 53U; Section 44, 45, 46, 47, 48, and Section 49 w.e.f 12.10.2007 as per Notification No. S.O.1747(E) Dated 12.10.2007.

Appointed dated for 53C, 53D, 53E, 53F, 53G, 53H, 53-I, 53 J, 53K, 53 L and 53M is 20th December, 2007 as per Notification No. SO2167(E) dated 20.12.2007.


Section 2. Amendment of section 2

In section 2 of the Competition Act, 2002 (hereinafter referred to as the principal Act), after clause (b), the following clause shall be inserted, namely: --

'(ba) "Appellate Tribunal" means the Competition Appellate Tribunal established under sub-section (1) of section 53A.'.

Section 3. Amendment of section 4

1[In section 4 of the principal Act,--

(i) for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) No enterprise or group shall abuse its dominant position.";

(ii) in sub-section (2),--

(a) for the words, brackets and figure "under sub-section (1), if an enterprise", the words, brackets and figure "under sub-section (1), if an enterprise or a group" shall be substituted;

(b) in clause (c), after the word "access", the words "in any manner" shall be inserted;

(iii) after sub-section (2), in the Explanation, after clause (b), the following clause shall be inserted, namely:--

'(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.'.]

1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.


Section 4. Amendment of section 5

In section 5 of the principal Act, --

(i) in clause (a),---

(a) in sub-clause (i), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or";

(b) in sub-clause (ii), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or";

(ii) in clause (b),--

(a) in sub-clause (i), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or";

(b) in sub-clause (ii), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or";

(iii) in clause (c),--

(a) in sub-clause (i), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or";

(b) in sub-clause (ii), for item (B), the following item shall be substituted, namely:--

"(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India.".

Section 5. Amendment of section 6

In section 6 of the principal Act, in sub-section (2),--

(a) for the words "may, at his or its option,", the word "shall" shall be substituted;

(b) for the words "seven days", the words "thirty days" shall be substituted;

(c) after sub-section (2), the following sub-section shall be inserted, namely:--

"(2A) No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub-section (2) or the Commission has passed orders under section 31, whichever is earlier.".

Section 6. Substitution of new section for section 8

For section 8 of the principal Act, the following section shall be substituted, namely:--

"8. 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, law, finance, accountancy, management, industry, public affairs or competition matters, including competition law and policy, which in the opinion of the Central Government, may be useful to the Commission.

(3) The Chairperson and other Members shall be whole-time Members.".

Section 7. Substitution of new section for section 9

For section 9 of the principal Act, the following section shall be substituted, namely:--

"9. 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 Law and Justice...............Member;

(d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters including competition law and policy......................................................Members.

(2) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.".

Section 8. Amendment of section 10

In section 10 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely: --

"Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of sixty-five years.".

Section 9. Amendment of section 12

In section 12 of the principal Act, for the words "one year", the words "two years" shall be substituted.

Section 10. Substitution of new section for section 13

1[For section 13 of the principal Act, the following section shall be substituted, namely:--

"13. Administrative powers of Chairpersons-The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission:

Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Commission, as he may think fit, to any other Member or officer of the Commission.".]

1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.


Section 11. Amendment of section 16

In section 16 of the principal Act, --

(a) for sub-section (1), the following sub-sections shall be substituted, namely: --

"(1) The Central Government may, by notification, appoint a Director General for the purposes of assisting the Commission in conducting inquiry into contravention of any of the provisions of this Act and for performing such other functions as are, or may be, provided by or under this Act.

(1A) The number of other Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner of appointment of such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees shall be such as may be prescribed.";

(b) in sub-section (2), for the words "such other advisers, consultants and officers,", the words "such officers or other employees," shall be substituted;

(c) in sub-sections (3) and (4), for the words "such other advisers, consultants or officers,", the words "such officers or other employees," shall be substituted.

Section 12. Substitution of new section for section 17

For section 17 of the principal Act, the following section shall be substituted, namely: --

"17. Appointment of Secretary, experts professionals and officers and other employees and other employees of Commission-(1) The Commission may appoint a Secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to, and 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 shall be such as may be prescribed.

(3) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to competition, as it deems necessary to assist the Commission in the discharge of its functions under this Act.".

Section 13. Amendment of section 19

1[In section 19 of the principal Act, in sub-section (1), in clause (a), for the words "receipt of a complaint,", the words "receipt of any information, in such manner and" shall be substituted.]

1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.


Section 14. Amendment of section 20

In section 20 of the principal Act, in sub-section (2), the words, brackets and figures "or upon receipt of a reference under sub-section (1) of section 21" shall be omitted.