Section 21A - Reference by Commission - Competition Act, 2002

1 [Reference by Commission. 21A. (1) Where in the course of a proceeding before the Commission an issue is raised by any party that any decision which, the Commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of 2 [ an Act ] whose implementation is entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to the statutory authority: 3 [ Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority. ] (2) On receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion. ] ************** NOTES:- 1 . Inserted vide Competition (Amendment) Act, 2007 dated 24-09-2007 2 . Substituted vide Competition (Amendment) Act, 2023 dated 11-04-2023 w.e.f. 18-05-2023 before it was read as, this Act 3 . Substituted vide Competition (Amendment) Act, 2023 dated 11-04-2023 w.e.f. 18-05-2023 before it was read as, Provided that the Commission, may, suo motu, make such a reference to the statutory authority.