Section 19 - Amendment of section 26 - Competition (Amendment) Act, 2023

Amendment of section 26. 19 . In section 26 of the principal Act, (a) after sub-section (2), the following sub-section shall be inserted, namely: (2A) The Commission may not inquire into agreement referred to in section 3 or conduct of an enterprise or group under section 4, if the same or substantially the same facts and issues raised in the information received under section 19 or reference from the Central Government or a State Government or a statutory authority has already been decided by the Commission in its previous order. ; (b) after sub-section (3), the following sub-sections shall be inserted, namely: (3A) If, after consideration of the report of the Director General referred to in sub-section (3), the Commission is of the opinion that further investigation is required, it may direct the Director General to investigate further into the matter. (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. ; (c) in sub-section (4), for the word, brackets and figure sub-section (3) , at both the places where they occur, the words, brackets, figures and letter sub-sections (3) and (3B) shall be substituted; (d) in sub-section (5), for the word, brackets and figure sub-section (3) , the words, brackets, figures and letter sub-sections (3) and (3B) shall be substituted; (e) in sub-section (8), for the word, brackets and figure sub-section (3) , the words, brackets, figures and letter sub-sections (3) and (3B) shall be substituted; [2] (f) after sub-section (8), the following sub-section shall be inserted, namely: (9) Upon completion of the investigation or inquiry under sub-section (7) or sub-section (8), as the case may be, the Commission may pass an order closing the matter or pass an order under section 27, and send a copy of its order to the Central Government or the State Government or the statutory authority or the parties concerned, as the case may be: Provided that before passing such order, the Commission shall issue a show-cause notice indicating the contraventions alleged to have been committed and such other details as may be specified by regulations and give a reasonable opportunity of being heard to the parties concerned. . *********** NOTES:- 1 . Come into the force w.e.f. 18-05-2023 vide Notification No. S.O. 2228(E) dated 18-05-2023 (except clause f ) 2. Come into the force w.e.f. 19-09-2024 vide Notification No. S.O. 4031(E) dated 19-09-2024