Competition Act, 2002: Principles and Practices | As Amended by Competition (Amendment) Act, 2023

This authoritative third edition of Competition Act, 2002: Principles and Practices presents a complete, structured and updated exposition of India's competition law regime in light of the Competition (Amendment) Act, 2023 and the latest rules, regulations and guidelines. The book explains the legislative intent, economic rationale and enforcement philosophy behind competition law while mapping how the Competition Commission of India, Director General and Appellate Tribunal function within the statutory framework. Blending doctrinal clarity with regulatory context, it helps readers understand how competition law shapes market conduct, regulates mergers and acquisitions, curbs anti-competitive behaviour and protects consumer welfare in an evolving economy. The work is designed not merely as a statutory compilation but as a practical guide to how competition law is interpreted, applied and enforced in India today.

Key Features:

• Fully updated text of the Competition Act, 2002, as amended by the Competition (Amendment) Act, 2023
• Incorporates all major 2024-2025 rules, regulations, and guidelines, including settlement, commitment, combinations, and penalty frameworks
• Section-wise presentation aligned with the statutory structure for easy navigation
• Detailed coverage of procedural aspects before the Competition Commission of India, the Director General, and the NCLAT
• Includes checklists, forms, notifications, and practical compliance references
• Covers extra-territorial jurisdiction, penalties, settlements, commitments, and advocacy mechanisms
• Contains subject index and supporting materials for quick cross-referencing
• Suitable as both a reference manual and a working desk companion for practitioners

This book is intended for competition law practitioners, corporate lawyers, in-house legal teams, compliance officers, merger and acquisition professionals, regulators, economists working on competition issues, and postgraduate law students specialising in commercial and regulatory law.

PART I — INTRODUCTION

PART II — THE COMPETITION ACT, 2002

CHAPTER I — Preliminary: 1. Short title, extent and commencement; 2. Definitions.

CHAPTER II — Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations: Prohibition of agreements — 3. Anti-competitive agreements; Prohibition of abuse of dominant position — 4. Abuse of dominant position; Regulation of combinations — 5. Combination; 6. Regulation of combinations; 6A. Open offers, etc.

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; 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 and functions 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. Distribution of business amongst Commission and Benches; 24. Procedure for deciding a case where Members of a Bench differ in opinion; 25. Jurisdiction of Bench; 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; 29A. Issue of statement of objections by Commission and proposal of modifications; 30. Procedure in case of notice under sub-section (2) of section 6; 31. Orders of Commission on combinations; 32. Acts taking place outside India but having an effect on competition in India; 33. Power to issue interim orders; 34. Power to award compensation; 35. Appearance before Commission; 36. Power of Commission to regulate its own procedure; 37. Review of orders of Commission; 38. Rectification of orders; 39. Execution of orders of Commission imposing monetary penalty; 40. Appeal.

CHAPTER V — Duties of Director General: 41. Director General to investigate contraventions.

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 combination; 44. Penalty for making false statement or omission to furnish material information; 45. Penalty for contraventions 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; 48A. Settlement; 48B. Commitment; 48C. Revocation of the settlement or commitment order and penalty.

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 — Appellate Tribunal: 53A. 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 cases; 53K. Removal and suspension of Chairperson and Members of Appellate Tribunal; 53L. Restriction on employment of Chairperson and other Members of Appellate Tribunal; 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; 59A. Compounding of certain offences; 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; 64A. Process of issuing regulations; 64B. Commission to issue guidelines; 65. Power to remove difficulties; 66. Repeal and saving.

PART III — RULES, REGULATIONS & GUIDELINES: 1. Competition Commission of India (Combinations) Regulations, 2024; 2. Competition Commission of India (General) Regulations, 2024; 3. Competition Commission of India (Form of Publication of Guidelines) Rules, 2023; 4. Competition (Minimum Value of Assets or Turnover) Rules, 2024; 5. Competition Commission of India (Criteria of Combination) Rules, 2024; 6. Competition Commission of India (Criteria for Exemption of Combinations) Rules, 2024; 7. Competition Commission of India (Lesser Penalty) Regulations, 2024; 8. Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024; 9. Competition Commission of India (Commitment) Regulations, 2024; 10. Competition Commission of India (Settlement) Regulations, 2024; 11. Competition Commission of India (Determination of Turnover or Income) Regulations, 2024; 12. Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2025; 13. Competition Commission of India (Determination of Cost of Production) Regulations, 2025; 14. Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009; 15. Competition Commission of India (Return on Measures for the Promotion of Competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008; 16. Checklist for Appeals under Competition Act, 2002 to National Company Law Appellate Tribunal; 17. Relevant Notifications issued under Competition Act — Regional offices of Competition Commission of India; Enhancement of value of assets and the value of turnover; Exemption from provisions of Competition Act; Exemption to Regional Rural Banks; Exemption to Vessels Sharing Agreements of Liner Shipping Industry.

SUBJECT INDEX