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Section 21A: Reference by Commission.

The Competition Act, 2002Central Act · Act 12 of 2003

[21A. Reference by Commission.--(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 [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:

[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.]

Where this provision sits

ActThe Competition Act, 2002
Section21A
Marginal noteReference by Commission.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. . Ins. by s. 16, ibid., (w.e.f. 20-5-2009).
  • substituted, Act 9 of 2023. . Subs. by Act 9 of 2023, s. 17, for "this Acbqts (w.e.f. 18-5-2023).
  • substituted. . Subs. by s. 17, ibid., for the Proviso (w.e.f. 18-5-2023).

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