Explain the provisions of 'Inquiry into certain Agreements and Dominant Position of Enterprise' under Section 19(1) of the Competition Act, 2002.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
Explain the provisions of 'Inquiry into certain Agreements and Dominant Position of Enterprise' under Section 19(1) of the Competition Act, 2002.

Answer & Explanation:

Section 19(1) of the Competition Act, 2002 provides that the Commission may inquire into any alleged contravention of the provisions contained in section 3(1) or section 4(1) either on its own motion or on— receipt of any information, in such manner and accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association; or a reference made to it by the Central Government or a State Government or a statutory authority. It may be noted that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen. Provided further that an information or a reference may be entertained after the period specified in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period after recording its reasons for condoning such delay.

Topics: Competition Law

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