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TMI BlogCompetition (Amendment) Act, 2007X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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.'. 3 . Amendment of section 4. 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.' 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section shall be inserted, namely:― (24) 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. 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. . 7. Substitution of new section for section 9. For section 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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. 12. Substitution new section for of 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 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 Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefor on the issues referred to in the said opinion. : 17. Substitution of new section for section 22. For section 22 of the principal Act, the following section shall be substituted, namely:― 22. Meetings of Commission. (1) The commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. (2) The Chairperson, if for any reason, is unable to attend a meeting of the Commission, the senior-most Member present at the meeting, shall preside at the meeting. (3) All questions which come up before any meeting of the Commission shall be decided by a majority of the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the Member presiding, shall have a second or casting vote: Provided that the quorum for such meeting shall be three Members. 18. Omission of sections 23,24 and 25. Sections 23 , 24 and 25 of the principal Act shall be omitted. 19 . Substitution of new section for section 26. For section 26 of the principal Act, the following section shall be substituted, namely: 26. Procedure for inquiry under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties concerned, as the case may be. (7) If, after consideration of the objections or suggestions referred to in sub-section (5), if any, the Commission is of the opinion that further investigation is called for, it may direct further investigation in the matter by the Director General or cause further inquiry to be made in the matter or itself proceed with further inquiry matter in accordance with the provisions of this Act. (8) If the report of the Director General referred to in sub-section (3) recommends that there is contravention of any of the provisions of this Act, and the Commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this Act. . 20. Amendment of section 27 In section 27 of the principal Act,- (i) in clause (b), for the proviso, the following proviso shall be substituted, namely:-- Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the Commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the words, brackets and figures ninety working days from the date of publication referred to in sub-section (2) of section 29 , the words, brackets and figures two hundred and ten days from the date of notice given to the Commission under sub-section (2) of section 6 shall be substituted; (b) in the Explanation , for the words ninety working , the words two hundred and ten shall be substituted. 25. Amendment of section 32. In section 32 of the principal Act, after clause (f), - (a) after the words have power to inquire , the words and figures in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of the Act shall be inserted; (b) after the words relevant market in India , occurring at the end, the words and pass such orders as it may deem fit in accordance with the provisions of this Act shall be inserted. 26. Substitution of new section for section 33. For section 33 of the principal Act; the following section shall be substituted, namely:- 33. Power to issue interim orders. Where during an inquiry, the Commission is satisfied that an act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been committed and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horised by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person as may be required for the purposes of this Act. . 30. Omission of section 37. Section 37 of the principal Act shall be omitted. 31 . Substitution of new section for section 39. For section 39 of the principal Act, the following section shall be substituted, namely: 39 . Execution of orders of Commission imposing monetary penalty. (1) If a person fails to pay any monetary penalty imposed on him under this. Act, the Commission shall proceed to recover such penalty in such manner as may be specified by the regulations. (2) In a case where the Commission is of the opinion that it would be expedient monetary to recover the penalty imposed under this Act in accordance with the provisions of penalty. the Income-tax Act, 1961(43 of 1961), it may make a reference to this effect to the concerned income-tax authority under that Act for recovery of the penalty as tax due under the said Act. (3) Where a reference has been made by the Commission under sub-section (2) for recovery of penalty, the person upon whom the penalty has been imposed shall be deeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. of orders of Commission. (2) If any person, without reasonable cause, fails to comply with the orders or directions of the Commission issued under sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine which may extend to rupees one lakh for each day during which such non-compliance occurs, subject to a maximum of rupees ten crore, as the Commission may determine. (3) If any person does not comply with the orders or directions issued, or fails to pay the fine imposed under sub-section (2), he shall, without prejudice to any proceeding under section 39, be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to rupees twenty-five crore, or with both, as the Chief Metropolitan Magistrate, Delhi may deem fit: Provided that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence under this section save on a complaint filed by the Commission or any of its officers authorised by it. . 35. Insertion of new section 42A. After section 42 of the principal Act, the following section shall be inserted, namely:― 42A . Compensation in case of contravention of orders of Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al; or (c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid,. such person shall be punishable with fine which may extend to rupees one crore as may be determined by the Commission. . 39. Amendment of section 46. In section 46 of the principal Act, (a) for the first proviso, the following proviso shall be substituted, namely:― Provided that lesser penalty shall not be imposed by the Commission in cases where the report of investigation directed under section 26 has been received before making of such disclosure: ; (b) in the second proviso, for the word first , the word has shall be substituted; (c) after the second proviso, the following proviso shall be inserted, namely: Provided also that lesser penalty shall not be imposed by the Commission if the person making the disclosure does not continue to cooperate with the Commission till the completion of the proceedings before the Commission. . 40. Amendment of section 49. In section 49 of the principal Act,― (a) for sub-section (1), the following sub-section shall be substituted, namely:- (1) The Central Government may, in formulating a policy on competition (including re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause (a) of section 53A may prefer an appeal to the Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the Commission is received by the Central Government or the State Government or a local authority or enterprise or any person referred to in that sub-section and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (/), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the direction, decision or order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Terms and of the Chairperson and other Members of the Appellate Tribunal shall be such as may be prescribed. (2) The salaries, allowances and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall not be varied to their disadvantage after their appointment conditions of service of Chairperson and Members of Appellate Tribunal. 53H . Vacancies. If, for any reason other than temporary absence, any vacancy occurs in Vacancies the office of the Chairperson or a Member of the Appellate Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled. 53I . Resignation of chairperson and members of Appellate Tribunal. The Chairperson or a Member of the Appellate Tribunal may, by notice in Resignation of writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member of the Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 53L . Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain. cases. The Chairperson and other Members of the Appellate Tribunal shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any enterprise which has been a party to a proceeding before the Appellate Tribunal under this Act Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) 53M. Staff of Appellate Tribunal. (1) The Central Government shall provide the Appellate Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Appellate Tribunal shall discharge their functions under the general superintendence and control o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the Appellate Tribunal thereon. Explanation. For the removal of doubts, it is hereby declared that-. (a) an application may be made for compensation before the Appellate Tribunal only after either the Commission or the Appellate Tribunal on appeal under clause (a) of sub-section (1) of section 53A of the Act, has determined in a proceeding before it that violation of the provisions of the Act has taken place, or if provisions of section 42A or sub-section (2) of section 53Q of the Act are attracted. (b) enquiry to be conducted under sub-section (3) shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same, and not for examining afresh the findings of the Commission or the Appellate Tribunal on whether any violation of the Act has taken place. 53O . Procedure and powers of Appellate Tribunal. (1) The Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908(5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Appellate Tribunal shall have power to regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three years or with both as the Chief Metropolitan Magistrate, Delhi may deem fit: Provided that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence punishable under this sub-section, save on a complaint made by an officer authorised by the Appellate Tribunal. (2) Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise contravening, without any reasonable ground, any order of the Appellate Tribunal or delaying in carrying out such orders of the Appellate Tribunal. 53R . Vacancy in Appellate Tribunal not to invalidate. acts or proceedings . No act or proceeding of the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the Appellate Tribunal. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a reference to such Law Officer as the Central Government may, by notification, specify in this behalf. 44. Amendment of section 57. In section 57 of the principal Act, for the words the Commission , the words the Commission or the Appellate Tribunal shall be substituted. 45. Substitution of new section for section 58. For section 58 of the principal Act, the following section shall be substituted, namely:- 58. Chairperson, Members, Director General, Secretary, officers and other employees, etc. to be public servants. The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. .(45 of 1860) 46. Amendment of section 59 In section 59 of the principal Act, for the words the Registrar or officers or other employees of the Commission , the words the Secretary or officers or other employees of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66. . 49. Amendment of section 64. In section 64 of the principal Act, in sub-section (2), for clauses (d) and (e), the following clauses shall be substituted, namely:-- (d) the procedures to be followed for engaging the experts and professionals under sub-section (3) of section 17; (e) the fee which may be determined under clause (a) of sub-section (1) of section 19; (f) the rules of procedure in regard to the transaction of business at the meetings of the Commission under sub-section (1) of section 22; (g) the manner in which penalty shall be recovered under sub-section (1) of section 39; (h) any other matter in respect of which provision is to be, or may be, made by regulations. . 50. Amendment of section 66. In section 66 of the principal Act, (a) for sub-section (1), the following sub-sections, shall be substituted, namely:― (1) The Monopolies and Restrictive Trade Practices Act, 1969 is hereby (54 of 1969) repealed and the Monopolies and Restrictive Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission, shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices Commission had not been transferred to, and vested in, the Competition Commission of India or the Appellate Tribunal; as the case may be, and shall continue to do so unless and until his employment in the Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Competition Commission of India or the Appellate Tribunal, as the case may be; ; (ii) in the third proviso, for the words the Central Government , the words the Competition Commission of India or the Appellate Tribuna ..... 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