Competition Act, 2002

An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Sector All SectorsPurpose Regulation & LicensingAct No. 12 of 2003Enacted 13 Jan 2003Ministry Corporate AffairsUpdated till 15th September, 2026

TaxByKK · Laws by Sector · taxbykk.comIndex as on 15th September, 2026

Chapter I Preliminary2 sections

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations5 sections

  1. Prohibition of agreements
  2. 3Anti-competitive agreements
  3. Prohibition of abuse of dominant position
  4. 4Abuse of dominant position
  5. Regulation of combinations
  6. 5Combination
  7. 6Regulation of combinations
  8. 6AOpen offers, etc

Chapter III Competition Commission of India11 sections

  1. 7Establishment of Commission
  2. 8Composition of Commission
  3. 9Selection Committee for Chairperson and Members of Commission
  4. 10Term of office of Chairperson and other Members
  5. 11Resignation, removal and suspension of Chairperson and other Members
  6. 12Restriction on employment of Chairperson and other Members
  7. 13Administrative powers of Chairperson
  8. 14Salary and allowances and other terms and conditions of service of Chairperson and other Members
  9. 15Vacancy, etc., not to invalidate proceedings of Commission
  10. 16Appointment of Director General, etc
  11. 17Appointment of Secretary, experts, professionals and officers and other employees of Commission

Chapter IV Duties, Powers and Functions of Commission25 sections

  1. 18Duties and functions of Commission
  2. 19Inquiry into certain agreements and dominant position of enterprise
  3. 20Inquiry into combination by commission
  4. 21Reference by statutory authority
  5. 21AReference by Commission
  6. 22Meetings of Commission
  7. 23[Omitted]
  8. 24[Omitted]
  9. 25[Omitted]
  10. 26Procedure for inquiry under section 19
  11. 27Orders by Commission after inquiry into agreements or abuse of dominant position
  12. 28Division of enterprise enjoying dominant position
  13. 29Procedure for investigation of combinations
  14. 29AIssue of statement of objections by Commission and proposal of modifications
  15. 30Procedure in case of notice under sub-section (2) of section 6
  16. 31Orders of Commission on combinations
  17. 32Acts taking place outside India but having an effect on competition in India
  18. 33Power to issue interim orders
  19. 34[Omitted]
  20. 35Appearance before Commission
  21. 36Power of Commission to regulate its own procedure
  22. 37[Omitted]
  23. 38Rectification of orders
  24. 39Execution of orders of Commission imposing monetary penalty
  25. 40[Omitted]

Chapter V Duties of Director General1 section

  1. 41Director General to investigate contraventions

Chapter VI Penalties12 sections

  1. 42Contravention of orders of Commission
  2. 42ACompensation in case of contravention of orders of Commission
  3. 43Penalty for failure to comply with directions of Commission and Director General
  4. 43APower to impose penalty for non-furnishing of information on combinations
  5. 44Penalty for making false statement or omission to furnish material information
  6. 45Penalty for contraventions in relation to furnishing of information
  7. 46Power to impose lesser penalty
  8. 47Crediting sums realised by way of penalties to Consolidated Fund of India
  9. 48Contravention by companies
  10. 48ASettlement
  11. 48BCommitment
  12. 48CRevocation of the Settlement or Commitment order and penalty

Chapter VII Competition Advocacy1 section

  1. 49Competition advocacy

Chapter VIII Finance, Accounts and Audit4 sections

  1. 50Grants by Central Government
  2. 51Constitution of Fund
  3. 52Accounts and audit
  4. 53Furnishing of returns, etc., to Central Government

Chapter VIIIA Appellate Tribunal21 sections

  1. 53AAppellate Tribunal
  2. 53BAppeal to Appellate Tribunal
  3. 53C[Omitted]
  4. 53D[Omitted]
  5. 53E[Omitted]
  6. 53F[Omitted]
  7. 53G[Omitted]
  8. 53H[Omitted]
  9. 53-I[Omitted]
  10. 53J[Omitted]
  11. 53K[Omitted]
  12. 53L[Omitted]
  13. 53M[Omitted]
  14. 53NAwarding compensation
  15. 53-OProcedure and powers of Appellate Tribunal
  16. 53PExecution of orders of Appellate Tribunal
  17. 53QContravention of orders of Appellate Tribunal
  18. 53R[Omitted]
  19. 53-SRight to legal representation
  20. 53TAppeal to Supreme Court
  21. 53UPower to Punish for contempt

Chapter IX Miscellaneous16 sections

  1. 54Power to exempt
  2. 55Power of Central Government to issue directions
  3. 56Power of Central Government to supersede Commission
  4. 57Restriction on disclosure of information
  5. 58Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants
  6. 59Protection of action taken in good faith
  7. 59ACompounding of certain offences
  8. 60Act to have overriding effect
  9. 61Exclusion of jurisdiction of civil courts
  10. 62Application of other laws not barred
  11. 63Power to make rules
  12. 64Power to make regulations
  13. 64AProcess of issuing regulations
  14. 64BCommission to issue guidelines
  15. 65Power to remove difficulties
  16. 66Repeal and saving

About this Act

The Competition Act, 2002 (Act 12 of 2003) prohibits anti-competitive agreements and abuse of a dominant position, and regulates combinations such as mergers and acquisitions above prescribed thresholds. It replaced the Monopolies and Restrictive Trade Practices Act, 1969; repeal and saving is in Section 66.

The Act establishes the Competition Commission of India (Chapter III), which inquires into contraventions with the help of the Director General, passes orders and imposes penalties. Appeals lie to the Appellate Tribunal under Chapter VIIIA, and from there to the Supreme Court.

The core prohibitions sit in Chapter II (Sections 3 to 6A), followed by chapters on the Commission's powers, penalties, competition advocacy, finance and appeals.

Who it applies to

  • Enterprises and persons, including groups, operating in markets in India
  • Trade associations and cartels of competitors entering into horizontal or vertical agreements
  • Parties to mergers, amalgamations and acquisitions that must notify the Commission
  • Overseas enterprises whose conduct or transactions affect competition in India
  • Statutory authorities and governments that may refer competition issues to the Commission

Good to know

Amended by
The Competition (Amendment) Acts of 2007, 2009 and 2023, and the Finance Act, 2017.
Key provisions
Section 3 (anti-competitive agreements), Section 4 (abuse of dominant position), Sections 5 and 6 (combinations), Section 27 (orders after inquiry) and Sections 48A to 48C (settlement and commitment).

Frequently asked questions

Which section prohibits anti-competitive agreements?

Section 3.

Which section deals with abuse of dominant position?

Section 4.

Where are combinations defined and regulated?

Section 5 defines combinations and Section 6 regulates them.

Does the Act apply to acts outside India?

Yes. Section 32 covers acts outside India that affect competition in India.

Which section provides for leniency or lesser penalty?

Section 46.