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Banerjee Gautam

Guide to the competition law - Delhi Commercial Law Publishers ( India ) Pvt. Ltd. 2011 - 412p

CONTENTS:
• Introduction;
THE COMPETITION ACT, 2002;
• Preamble;
• Statement of Objects and Reasons;
• President's Recommendation under Article 117 of the Constitution of India;
• Notes on Clauses;
• Financial Memorandum;
• Statement showing Year-wise Expenses;
• Memorandum regarding delegated legislation;

CHAPTER-I-PRELIMINARY
1. Short title, extent and commencement;
• Effective date of some sections of the Competition Act, 2002;
• Effective date of some sections of the Competition (Amdt.) Act, 2007;
• Establishment of Competition Commission of India;
• Composition of Commission;
• Establishment of Competition Appellate Tribunal
2. Definitions;

CHAPTER-II-PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS;
3. Anti-competitive agreements;
4. Abuse of dominant position;
5. Combination,
6. Regulation of combinations;

CHAPTER III-COMPETITION COMMISSION OF INDIA;
7. Establishment of Commission;
8. Composition of Commission;
9. Selection Committee for Chairperson and Members of Commission;
10. Term of office of Chairperson and other Members;
11. Resignation, removal and suspension of Chairperson and other Members;
12. Restriction on employment of Chairperson and other Members in certain cases;
13. Administrative powers of Chairperson;
14. Salary and allowances and other terms and conditions of services of Chairperson and other Members;
15. Vacancy, etc., not to invalidate proceedings of Commission;
16. Appointment of Director General, etc.
17. Appointment of Secretary, experts, professionals and officers and other employees of Commission

CHAPTER-IV-DUTIES, POWERS AND FUNCTIONS OF COMMISSION;
18. Duties of Commission;
19. Inquiry into certain agreements and dominant position of enterprise;
20. Inquiry into combination by Commission;
21. Reference by statutory authority;
21A. Reference by Commission;
22. Meetings of Commission;
23. [Omitted];
24. [Omitted];
25. [Omitted];
26. Procedure for inquiry under section 19;
27. Orders by Commission after inquiry into agreements or abuse of dominant position;
28. Division of enterprise enjoying dominant position;
29. Procedure for investigation of combinations;
30. Procedure in case of notice under sub-section (2) of section 6;
31. Orders of Commission on certain combinations;
32. Acts taking place outside India but having an effect on competition in India;
33. Power to issue interim orders;
34. [Omitted];
35. Appearance before Commission;
36. Power of Commission to regulate its own procedure;
37. [Omitted];
38. Rectification of orders;
39. Execution of orders of Commission imposing monetary penalty;
40. [Omitted];

CHAPTER-V-DUTIES OF DIRECTOR GENERAL;
41. Director General to investigate contravention;

CHAPTER-VI-PENALTIES;
42. Contravention of orders of Commission;
42A. Compensation in case of contravention of orders of Commission;
43. Penalty for failure to comply with directions of Commission and Director-General;
43A. Power to impose penalty for non-furnishing of information on combinations;
44. Penalty for making false statement or omission to furnish material information;
45. Penalty for offences in relation to furnishing of information;
46. Power to impose lesser penalty;
47. Crediting sums realised by way of penalties to consolidated fund of India;
48. Contravention by companies;

CHAPTER VII-COMPETITION ADVOCACY;
49. Competition Advocacy;

CHAPTER VIII-FINANCE, ACCOUNTS AND AUDIT;
50. Grants by Central Government;
51. Constitution of Fund;
52. Accounts and audit;
53. Furnishing of returns, etc., to Central Government;

CHAPTER VIIIA;
53A. Establishment of Appellate Tribunal;
53B. Appeal to Appellate Tribunal;
53C. Composition of Appellate Tribunal;
53D. Qualifications for appointment of Chairperson and Members of Appellate Tribunal;
53E. Selection Committee;
53F. Term of office of Chairperson and Members of Appellate Tribunal;
53G. Terms and conditions of service of Chairperson and Members of Appellate Tribunal;
53H. Vacancies;
53-I.Resignation of Chairperson and Members of Appellate Tribunal;
53J. Member of Appellate Tribunal to act as its Chairperson in certain case;
53K. Removal and suspension of Chairperson and Members of Appellate Tribunal;
53L. Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases;
53M. Staff of Appellate Tribunal;
53N. Awarding compensation;
53-O.Procedure and powers of Appellate Tribunal;
53P. Execution of orders of Appellate Tribunal;
53Q. Contravention of orders of Appellate Tribunal;
53R. Vacancy in Appellate Tribunal not to invalidate acts or proceedings;
53S. Right to legal representation;
53T. Appeal to Supreme Court;
53U. Power to punish for contempt;

CHAPTER IX-MISCELLANEOUS;
54. Power to exempt;
55. Power of Central Government to issue directions;
56. Power of Central Government to supersede Commission;
57. Restriction on disclosure of information;
58. Chairperson, Members, Director General, Secretary, Officers and other employees, etc., to be public servants;
59. Protection of action taken in good faith;
60. Act to have overriding effect;
61. Exclusion of jurisdiction of civil courts;
62. Application of other laws not barred;
63. Power to make rules;
64. Power to make regulations;
65. Power to remove difficulties;
66. Repeal and saving.

Subjects--Topical Terms:
1. Competition Law

Dewey Class. No.: 343.072 / BAN