cause an inquiry to be made into all such matters as the Commissioner considers necessary to inquire into with the view of determining the facts. 12(1)Any person summoned to attend pursuant to paragraph 11(1)(a) is competent and may be compelled to give evidence. Marginal note:Powers of Federal Court where certain rights used to restrain trade, 32(1)In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trademarks, by a copyright or by a registered integrated circuit topography, so as to. 8(1)One or more persons may be appointed Deputy Commissioners of Competition in the manner authorized by law. (2)An order made under subsection (1) must provide for the manner in which the evidence is to be obtained in order to give effect to the request mentioned in subsection 30.1(1) and may. About us | Competition Commission (3)For the purposes of this Act, an entity is a subsidiary of another entity if it is controlled by that other entity. Legislation | Malaysia Competition Commission (MyCC) (4)A search warrant issued under subsection (1) must. (d)no measures be taken in Canada to implement the judgment, decree, order or process except in such manner as the Tribunal prescribes for the purpose of avoiding an effect referred to in subparagraphs (b)(i) to (iv). Marginal note:Retention or return of thing seized. (4)Subject to subsection (4.1) and section 113, this Part applies in respect of a proposed amalgamation of two or more entities if one or more of those entities carries on an operating business, or controls an entity that carries on an operating business, and if, (a)the aggregate value of the assets in Canada, determined as of the time and in the manner that is prescribed, that would be owned by the continuing entity that would result from the amalgamation or by entities controlled by the continuing entity, other than assets that are equity interests in those entities, would exceed the amount set out in subsection (7) or the amount determined under subsection (8), as the case may be; or. Click on the link below to download to complete official rules regarding the Competition Act 2 of 2003. 52.01(1)No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message. (2)The person who files the report under subsection (1) shall send a copy of it to the Minister of Justice promptly after its filing. Marginal note:Commissioner to take reasonable care. 67(1)Where an indictment is found against an accused, other than a corporation, for any offence against this Act, the accused may elect to be tried without a jury and where he so elects, he shall be tried by the judge presiding at the court at which the indictment is found, or the judge presiding at any subsequent sittings of that court, or at any court where the indictment comes on for trial. European Competition Law Newsletter - May 2023 | McGuireWoods Coal India Vs. Competition Commission Of India: Case Analysis (5)The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. Marginal note:Orders of presiding officer. (3)If an entity or individual chooses not to supply the Commissioner with information required under section 114 and so informs the Commissioner in accordance with subsection (2) or (2.1) and the Commissioner or a person authorized by the Commissioner notifies that entity or individual, within seven days after the Commissioner is so informed, that the information is required, the entity or individual shall supply the Commissioner with the information. THE COMPETITION (AMENDMENT) ACT, 2023 The Competition Act, 2002 The Act regulates competition issues across all sectors of the Namibian economy, having regulatory oversight of over 80 000 business entities. the Tribunal may, subject to sections 94 to 96, (e)in the case of a completed merger, order any party to the merger or any other person. (2)A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, sends or causes to be sent in an electronic message a representation that is false or misleading in a material respect. (7)Where the Tribunal finds, on application made by the Commissioner on forty-eight hours notice to each person to whom an interim order is directed, that the Commissioner is unable to complete an inquiry within the period specified in the order because of circumstances beyond the control of the Commissioner, the Tribunal may extend the duration of the order to a day not more than sixty days after the order takes effect. (b)to prevent the taking of measures under section 82 or 83. (11)When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made. 74.01(1)A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever. (5)The Tribunal shall as soon as practicable after receiving the Commissioners certification under subsection (3) notify the applicant and any person against whom the order is sought as to whether it can hear the application for leave. 124.1(1)Any person may apply to the Commissioner, with supporting information, for an opinion on the applicability of any provision of this Act or the regulations to conduct or a practice that the applicant proposes to engage in, and the Commissioner may provide a written opinion for the applicants guidance. 82Where, on application by the Commissioner, the Tribunal finds that, (a)a judgment, decree, order or other process given, made or issued by or out of a court or other body in a country other than Canada can be implemented in whole or in part by persons in Canada, by companies incorporated by or pursuant to an Act of Parliament or of the legislature of a province, or by measures taken in Canada, and, (b)the implementation in whole or in part of the judgment, decree, order or other process in Canada, would. (a)expressed on an article offered or displayed for sale or its wrapper or container. Marginal note:Evidence of conspiracy, agreement or arrangement. (a)contain a description of the exhibit requested to be lent; (b)designate a person or class of persons to whom the exhibit is sought to be given; (c)state the reasons for the request and, if any tests are sought to be performed on the exhibit, contain a description of the tests and a statement of the place where they will be performed; (d)state the place or places to which the exhibit is sought to be removed; and. (b)the submission, in response to a call or request for bids or tenders, of bids or tenders that are arrived at by agreement or arrangement between or among two or more bidders or tenderers. (8)The Tribunal may set the time within which and the conditions subject to which an application under section 75, 76, 77 or 79 must be made. Competition Act Marginal note:Non-application of sections 45, 77 and 90.1. Marginal note:Implementation of the order, (8)The court may specify in an order made under paragraph (1)(d) any terms that it considers necessary for the orders implementation, including terms. (2)For the purposes of this section, amateur sport means sport in which the participants receive no remuneration for their services as participants. Marginal note:Definition of delivered pricing. Marginal note:Extension or cancellation of injunction. The Bill seeks to amend the Competition Act, 2002, which gives the Competition Commission of India (CCI) its powers to prevent practices that harm competition and the interests of. Marginal note:Order for oral examination, production or written return, 11(1)If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation that an inquiry is being made under section 10 and that a person has or is likely to have information that is relevant to the inquiry, the judge may order the person to. Marginal note:Contravention of order under Part VII.1 or VIII, 66Every person who contravenes an order made under Part VII.1, except paragraphs 74.1(1)(c) and (d), or under Part VIII, except subsection 79(3.1), is guilty of an offence and liable, (a)on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or. (4)Subject to subsections (5) and (6), an interim order has effect for 10 days, beginning on the day on which it is made. (3)In making an order under subsection (2), the Tribunal shall make the order in such terms as will in its opinion interfere with the rights of any person to whom the order is directed or any other person affected by it only to the extent necessary to achieve the purpose of the order. Functions of the commission: It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India. 80(1)For the purposes of section 81, delivered pricing means the practice of refusing a customer, or a person seeking to become a customer, delivery of an article at any place in which the supplier engages in a practice of making delivery of the article to any other of the suppliers customers on the same trade terms that would be available to the first-mentioned customer if his place of business were located in that place. (4)No order may be made under subsection (3) on application by a person who is in possession or control of a computer system or part thereof unless that person has given the Commissioner twenty-four hours notice of the hearing of the application or such shorter notice as the judge considers reasonable. (iii)a description of the manner in which any representation or advertisement was disseminated, including, where applicable, the name of the publication or other medium employed; (c)to pay an administrative monetary penalty, in any manner that the court specifies, in an amount not exceeding, (i)in the case of an individual, the greater of, (A)$750,000 and, for each subsequent order, $1,000,000, and, (B)three times the value of the benefit derived from the deceptive conduct, if that amount can be reasonably determined, or, (ii)in the case of a corporation, the greater of, (A)$10,000,000 and, for each subsequent order, $15,000,000, and, (B)three times the value of the benefit derived from the deceptive conduct, or, if that amount cannot be reasonably determined, 3% of the corporations annual worldwide gross revenues; and. (5)An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of a person named in the order and of third parties. Competition Commission | Shaping markets, furthering progress (2)The Commissioner or a person authorized by the Commissioner may, within 30 days after receiving the prescribed information, send a notice to the person who supplied the information requiring them to supply additional information that is relevant to the Commissioners assessment of the proposed transaction. (5.5)If an application is made under subsection (5.1), the interim order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3). (6)Subsection (1) does not apply if the conspiracy, agreement or arrangement. Marginal note:Where proceedings commenced under section 45, 49, 79 or 90.1, (11)No application may be made under this section against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which, (a)proceedings have been commenced against that person under section 45 or 49; or. Marginal note:Application for search warrant. (b)deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation. 30.18(1)The judge who made the order under subsection 30.11(1) or 30.16(1) or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath or solemn declaration, that. Marginal note:Approval of request for search and seizure. (ii)the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (b)a corporation is controlled by Her Majesty in right of Canada or a province if, (i)the corporation is controlled by Her Majesty in the manner described in paragraph (a), or, (ii)in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by, (A)the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or, (B)a Minister of the government of Canada or the province, as the case may be; and. (4)In any proceedings before the Tribunal, or in any prosecution or proceedings before a court under or pursuant to this Act, a certificate purporting to be signed by the Chief Statistician of Canada or the officer of the department or agency of the Government of Canada or of a province under whose supervision a record, report or statement of statistics referred to in this section was prepared, setting out that the record, report or statement of statistics attached thereto was prepared under his supervision, is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed. (6)If an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection. (a)the names and addresses of the applicants, and at their election the name and address of any one of their number, or of any attorney, solicitor or counsel, whom they may, for the purpose of receiving any communication to be made pursuant to this Act, have authorized to represent them; (ii)the grounds alleged to exist for the making of an order, or, and the names of the persons believed to be concerned therein and privy thereto; and. (a)set out the time and place for the hearing mentioned in subsection (3); (b)state that, at that hearing, an order will be sought for the sending to the foreign state of the records or things seized in execution of the warrant; and. (3)Subject to subsection (6), the injunction has effect, or may be extended on application by the Commissioner, for any period that the court considers sufficient to meet the circumstances of the case. 74.111(1)If, on application by the Commissioner, a court finds a strong prima facie case that a person is engaging in or has engaged in conduct that is reviewable under paragraph 74.01(1)(a), and the court is satisfied that the person owns or has possession or control of articles within the jurisdiction of the court and is disposing of or is likely to dispose of them by any means, and that the disposal of the articles will substantially impair the enforceability of an order made under paragraph 74.1(1)(d), the court may issue an interim injunction forbidding the person or any other person from disposing of or otherwise dealing with the articles, other than in the manner and on the terms specified in the injunction. (5)The court may proceed ex parte with an application made under subsection (1) if it is satisfied that subsection (4) cannot reasonably be complied with or where the urgency of the situation is such that service of the notice in accordance with subsection (4) might defeat the purpose of the injunction or would otherwise not be in the public interest. Marginal note:Copy of record where returned. (iii)that the record, where it appears to have been written by any participant or by an agent of a participant, was so written and, where it appears to have been written by an agent of a participant, that it was written with the authority of that participant. (3)In a prosecution under subsection (1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt. (b)a significant substitution of domestic products for imported products. (2)No person shall engage in telemarketing unless. (6)Where an order issued under this section is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued. (2)Where, pursuant to section 15 or 16, any person is about to examine, copy or seize or is in the course of examining, copying or seizing any record and a person appearing to be in authority claims that there exists a solicitor-client privilege in respect thereof, the first-mentioned person, unless the person claiming the privilege withdraws the claim or the first-mentioned person desists from examining and copying the record and from seizing it or a copy thereof, shall, without examining or further examining it or making a copy or further copy thereof, place it and any copies of it made by him, and any notes taken in respect of it, in a package, and seal and identify the package and place it in the custody of a person referred to in subsection (3). (2)A search warrant issued under subsection (1) authorizes the person named in it to enter the premises specified in the warrant, subject to any conditions that may be specified in the warrant, and to search the premises for any record or thing specified in the warrant and to examine and seize it. The application must be made no more than one year after the practice or conduct that is the subject of the application has ceased. (10)In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors: (a)the use of lists of persons previously deceived by means of telemarketing; (b)characteristics of the persons to whom the telemarketing was directed, including classes of persons who are especially vulnerable to abusive tactics; (c)the amount of the proceeds realized by the person from the telemarketing; (d)previous convictions of the person under this section or under section 52 in respect of conduct prohibited by this section; and. (i)ordering the person against whom the order is directed not to proceed with the merger, (ii)ordering the person against whom the order is directed not to proceed with a part of the merger, or, (iii)in addition to or in lieu of the order referred to in subparagraph (ii), either or both, (A)prohibiting the person against whom the order is directed, should the merger or part thereof be completed, from doing any act or thing the prohibition of which the Tribunal determines to be necessary to ensure that the merger or part thereof does not prevent or lessen competition substantially, or. (10)A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order. (6)For the purposes of this section, the publication by a producer or supplier of a product, other than a retailer, of an advertisement that mentions a resale price for the product is proof that the producer or supplier is influencing upward the selling price of any person to whom the product comes for resale, unless the price is expressed in a way that makes it clear to any person whose attention the advertisement comes to that the product may be sold at a lower price. 106(1)The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 or a consent agreement under section 106.1, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that. (d)in the case of an order in respect of conduct reviewable under subsection 74.01(2) or (3), the person was previously convicted of an offence under paragraph 52(1)(d) as it read immediately before the coming into force of this Part. (ii)the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioners express consent. (b)shall, in any other case, continue the examination and ask any other question or request the production of any other record or thing mentioned in the order. [Repealed, R.S., 1985, c. 19 (2nd Supp. (4)The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal. (2)If all the material facts have been submitted by or on behalf of an applicant for an opinion and they are accurate, a written opinion provided under this section is binding on the Commissioner. (i)a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or VIII, (ii)grounds exist for the making of an order under Part VII.1 or VIII, or, (iii)an offence under Part VI or VII has been or is about to be committed, and. (a)the identity of any person from whom information was obtained under this Act; (b)any information obtained in the course of an inquiry under section 10; (c)any information obtained under section 11, 15, 16 or 114; (c.1)any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act; (d)any information obtained from a person requesting a certificate under section 102; (e)whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and. 39An order made under section 34 of the Competition Act in respect of an offence under any of sections 52, 53 or 57 to 59 of that Act, as those sections read immediately before the coming into force of sections 12, 14 and 17 of this Act, is deemed to have been made under paragraph 74.1(1)(a) of the Competition Act, as enacted by section 22 of this Act. Competition in Contracting Act ), s. 8, 1991, c. 45, s. 547, c. 46, s. 590, c. 47, s. 714, 1991, c. 45, s. 548, c. 46, ss. 87(1)On application by the parties to a specialization agreement that has been registered, and after affording the Commissioner a reasonable opportunity to be heard, the Tribunal may make an order directing that a modification of the agreement be registered. 74.19An appeal on a question of fact from a decision or order made under this Part may be brought only with the leave of the Federal Court of Appeal or the court of appeal of the province, as the case may be. Marginal note:No application under section 92. (6)If an injunction is issued under subsection (1), (1.1) or (1.2), the Attorney General of Canada or the attorney general of a province, as the case may be, shall proceed as expeditiously as possible to institute and conclude any prosecution or proceedings arising out of the acts or things on the basis of which the injunction was issued. Philippine Competition Law (R.A. 10667) | Philippine Competition Commission Filling up of post of Secretary in the Competition Commission of India on deputation/promotion basis: Last Date-07.08.2023; Call for Papers: 9th National Conference on Economics of Competition Law, 2024; List of selected candidates for Engagement of Expert (Law) Gd-I, Expert (Eco) Gd-I & Young Professional (IT), Gd-I/II in CCI on Contract Basis. Boris Bronfentrinker Partner Litigation. Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, 2002, it was duly constituted in March 2009. and the representation or testimonial accords with the representation or testimonial previously made, published or approved. 65.2(1)Every person who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c) after a judge has ruled against the objection under paragraph 30.11(8)(a), is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both. (7.1)The Tribunal may grant leave to make an application under section 76 if it has reason to believe that the applicant is directly affected by any conduct referred to in that section that could be subject to an order under that section. (d)offer a product for sale at a price grossly in excess of its fair market value, where delivery of the product is, or is represented to be, conditional on prior payment by the purchaser. London Brussels nchesaites@willkie.com +44 203 580 4727. Marginal note:Ordinary price: suppliers own. (3)No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly make or cause to be made a false or misleading representation in a locator. (i)a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or Part VIII, (ii)grounds exist for the making of an order under Part VII.1 or Part VIII, or, (iii)an offence under Part VI or VII has been or is about to be committed, or. (ii)adversely affect the efficiency of trade or industry in Canada without bringing about or increasing in Canada competition that would restore or improve that efficiency, (iii)adversely affect the foreign trade of Canada without compensating advantages, or. Nagashima Ohno & Tsunematsu. (4)The information communicated under subsection (1) may be used only for the purpose of making a decision in respect of the merger or proposed merger. Marginal note:Application of Criminal Code. (4.1)This Part does not apply in respect of a proposed amalgamation of two or more entities if one or more of those entities carries on an operating business or controls an entity that carries on an operating business, unless each of at least two of the amalgamating entities, together with its affiliates, (a)has assets in Canada, determined as of the time and in the manner that is prescribed, that exceed in aggregate value the amount determined under subsection (7) or (8), as the case may be; or. Marginal note:Execution of search warrant. Home | Malaysia Competition Commission (MyCC) 30.02(1)An agreement must be published in the Canada Gazette no later than 60 days after the agreement comes into force, unless it has already been published under subsection (2). (j)a selective or discriminatory response to an actual or potential competitor for the purpose of impeding or preventing the competitors entry into, or expansion in, a market or eliminating the competitor from a market. Marginal note:General impression to be considered. Marginal note:Operation of computer system. (b)an order against that person is sought under section 79 or 90.1. (5)Subject to sections 112 and 113, this Part applies in respect of a proposed combination of two or more persons to carry on business otherwise than through a corporation if one or more of those persons proposes to contribute to the combination assets that form all or part of an operating business carried on by those persons, or entities controlled by those persons, and if, (a)the aggregate value of the assets in Canada, determined as of the time and in the manner that is prescribed, that are the subject-matter of the combination would exceed the amount determined under subsection (7) or (8), as the case may be; or, (6)Subject to sections 111, 112 and 113, this Part applies in respect of a proposed acquisition of an interest in a combination that carries on an operating business otherwise than through a corporation, (i)the aggregate value of the assets in Canada, determined as of the time and in the manner that is prescribed, that are the subject-matter of the combination would exceed the amount determined under subsection (7) or (8), as the case may be, or. 5(1)Section 45 does not apply in respect of an agreement or arrangement between persons who are members of a class of persons who ordinarily engage in the business of dealing in securities or between such persons and the issuer of a specific security, in the case of a primary distribution, or the vendor of a specific security, in the case of a secondary distribution, if the agreement or arrangement has a reasonable relationship to the underwriting of a specific security.

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