54. Power to exempt.—The Central Government may, by notification, exempt from the application
of this Act, or any provision thereof, and for such period as it may specify in such notification—
1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009.
2. Subs. by Act 9 of 2023, s. 41, for sub-section (1) (w.e.f. 18-5-2023).
3. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007.
39
(a) any class of enterprises if such exemption is necessary in the interest of security of the State or
public interest;
(b) any practice or agreement arising out of and in accordance with any obligation assumed by
India under any treaty, agreement or convention with any other country or countries;
(c) any enterprise which performs a sovereign function on behalf of the Central Government or a
State Government:
Provided that in case an enterprise is engaged in any activity including the activity relatable to the
sovereign functions of the Government, the Central Government may grant exemption only in respect
of activity relatable to the sovereign functions.
55. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing
provisions of this Act, the Commission shall, in exercise of its powers or the performance of its functions
under this Act, be bound by such directions on questions of policy, other than those relating to technical
and administrative matters, as the Central Government may give in writing to it from time to time:
Provided that the Commission shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
56. Power of Central Government to supersede Commission.—(1) If at any time the Central
Government is of the opinion—
(a) that on account of circumstances beyond the control of the Commission, it is unable to
discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Commission has persistently made default in complying with any direction given by
the Central Government under this Act or in the discharge of the functions or performance of the
duties imposed on it by or under the provisions of this Act and as a result of such default the financial
position of the Commission or the administration of the Commission has suffered; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the Central Government may, by notification and for reasons to be specified therein, supersede the
Commission for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing any such notification, the Central Government shall give a reasonable
opportunity to the Commission to make representations against the proposed supersession and shall
consider representations, if any, of the Commission.
(2) Upon the publication of a notification under sub-section (1) superseding the Commission,—
(a) the Chairperson and other Members shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Commission shall, until the Commission is
reconstituted under sub-section (3), be exercised and discharged by the Central Government or such
authority as the Central Government may specify in this behalf;
(c) all properties owned or controlled by the Commission shall, until the Commission is
reconstituted under sub-section (3), vest in the Central Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Central Government shall reconstitute the Commission by a fresh appointment of its
Chairperson and other Members and in such case any person who had vacated his office under clause (a)
of sub-section (2) shall not be deemed to be disqualified for re-appointment.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of
any action taken under this section and the circumstances leading to such action to be laid before each
House of Parliament at the earliest.
40
57. Restriction on disclosure of information.—No information relating to any enterprise, being an
information which has been obtained by or on behalf of 1
[the Commission or the Appellate Tribunal] for
the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed
otherwise than in compliance with or for the purposes of this Act or any other law for the time being in
force.
2
[58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to
be public servants.—The Chairperson and other Members and the Director General, Additional, Joint,
Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission
and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed,
while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants
within the meaning of section 21 of the Indian Penal Code (45 of 1860).]
59. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government or Commission or any officer of the Central Government or the
Chairperson or any Member or the Director General, Additional, Joint, Deputy or Assistant Directors
General or 3
[the Secretary or officers or other employees of the Commission or the Chairperson,
Members, officers and other employees of the Appellate Tribunal] for anything which is in good faith
done or intended to be done under this Act or the rules or regulations made thereunder.
4
[59A. Compounding of certain offences.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence
punishable with imprisonment only or imprisonment and also with fine, may either before or after the
institution of any proceeding, be compounded by the Appellate Tribunal or a court before which such
proceeding is pending.]
60. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.
61. Exclusion of jurisdiction of civil courts.—No civil court shall have jurisdiction to entertain any
suit or proceeding in respect of any matter which the 5
[Commission or the Appellate Tribunal] is
empowered by or under this Act to determine and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.
62. Application of other laws not barred.—The provisions of this Act shall be in addition to, and
not in derogation of, the provisions of any other law for the time being in force.
63. Power to make rules.—(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
6
[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or
amalgamated in India under clause (e) of section 5;
(ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of
clause (b) of the Explanation to section 5;
(ac) the criteria of combinations under sub-section (4) of section 6;
(ad) the criteria under sub-section (7) of section 6;]
7
[
8
[(ae)] the term of the Selection Committee and the manner of selection of panel of names
under sub-section (2) of section 9;]
(b) the form and manner in which and the authority before whom the oath of office and of secrecy
shall be made and subscribed to under sub-section (3) of section 10;
1. Subs. by Act 39 of 2007, s. 44, for “the Commission” (w.e.f. 12-10-2007).
2. Subs. by s. 45, ibid., for section 58 (w.e.f. 12-10-2007).
3. Subs. by s. 46, ibid., for “Registrar or officers or other employees of the Commission” (w.e.f. 12-10-2007).
4. Ins. by Act 9 of 2023, s. 42 (w.e.f. 18-5-2023).
5. Subs. by Act 39 of 2007, s. 47, for “Commission” (w.e.f. 12-10-2007).
6. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
7. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007).
8. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
41
1* * * * *
(d) the salary and the other terms and conditions of service including travelling expenses, house
rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided
to the Chairperson and other Members under sub-section (1) of section 14;
2
[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or
other employees in the office of Director General and the manner in which such Additional, Joint,
Deputy or Assistant Directors General or such officers or other employees may be appointed under
sub- section (1A) of section 16;]
(e) the salary, allowances and other terms and conditions of service of the Director General,
Additional, Joint, Deputy or Assistant Directors General or 3
[such officers or other employees] under
sub-section (3) of section 16;
(f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or
Assistant Directors General or 6
[such officers or other employees] under sub-section (4) of section 16;
(g) the salaries and allowances and other terms and conditions of service of the 4
[Secretary] and
officers and other employees payable, and the number of such officers and employees under
sub-section (2) of section 17;
5* * * * *
(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of
section 52;
(l) the time within which and the form and manner in which the Commission may furnish returns,
statements and such particulars as the Central Government may require under sub-section (1) of
section 53;
(m) the form in which and the time within which the annual report shall be prepared under
sub-section (2) of section 53;
6
[(ma) the form in which an appeal may be filed before the Appellate Tribunal under
sub-section (2) of section 53B and the fees payable in respect of such appeal;
7* * * * *
(me) the fee which shall be accompanied with every application made under sub-section (2) of
section 53N;
(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the
Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit;]
8
[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]
9
[(n) the manner in which the monies transferred to the Competition Commission of India or the
Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may
be, under the fourth proviso to sub-section (2) of section 66;]
(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be, or may be, made by rules.
(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made
under this Act by the Central Government shall be laid, as soon as may be after it is made, before each
1. Clause (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007)
2. Ins. by s. 48, ibid. (w.e.f. 12-10-2007).
3. Subs. by s. 48, ibid., for “such other advisers, consultants or officers” (w.e.f. 12-10-2007).
4. Subs. by s. 48, ibid., for “Registrar” (w.e.f. 12-10-2007).
5. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007).
6. Ins. by s. 48, ibid. (w.e.f. 12-10-2007).
7. Cls. (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017).
8. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
9. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007).
42
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session, or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or rule, or both Houses agree that the notification should not be issued or rule should
not be made, the notification or rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification or rule, as the case may be.
64. Power to make regulations.—(1) The Commission may, by notification, make regulations
consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations
may provide for all or any of the following matters, namely:—
(a) the cost of production to be determined under clause (b) of the Explanation to section 4;
(b) the form of notice as may be specified and the fee which may be determined under
sub-section (2) of section 6;
1
[(c) the manner of determination of substantial business operations in India under clause (d) of
section 5;
(ca) the form and fee for notice for combination under sub-section (4) of section 6;
(cb) the time and manner for filing notice of acquisition under clause (a) of section 6A;
(cc) the manner and circumstance in which the acquirer may exercise the ownership or beneficial
right or interest in shares or convertible securities including voting right and receipt of dividends or
any other distributions as an exception under clause (b) of section 6A;]
2
[(d) the procedures to be followed for engaging the experts and professionals under
sub-section (3) of section 17;
(e) the fee which may be determined under clause (a) of sub-section (1) of section 19;
(f) the rules of procedure in regard to the transaction of business at the meetings of the
Commission under sub-section (1) of section 22;
3
[(fa) other details to be indicated in the show-cause notice under sub-section (9) of section 26;
(fb) the manner of determining turnover or income under the Explanation to clause (b) of
section 27;
(fc) the manner in which modification may be proposed by parties to the combination to the
Commission under sub-section (2) of section 29A;]
(g) the manner in which penalty shall be recovered under sub-section (1) of section 39;
4
[(ga) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider
under sub-section (1) of section 46;
(gb) the manner and time for withdrawal of application for lesser penalty under sub-section (2) of
section 46;
(gc) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider
under sub-section (4) of section 46;
(gd) the manner of determining income under clause (c) of Explanation to section 48;
(ge) the form of application and fee under sub-section (1), the time under sub-section (2), the
terms and manner of implementations and monitoring under sub-section (3) and the procedure for
conducting settlement proceedings under sub-section (6) of section 48A;
1. Subs. by Act 9 of 2023, s. 44, for clause (c) (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 49, for clauses (d) and (e) (w.e.f. 12-10-2007).
3. Ins. by Act 9 of 2023, s. 44 (w.e.f. 18-5-2023).
4. Ins. by s. 44, ibid., (w.e.f. 18-5-2023).
43
(gf) the form of application and fee under sub-section (1), the time under sub-section (2), the
terms and manner of implementations and monitoring under sub-section (3) and the procedure for
commitments offered under sub-section (6) of section 48B;
(gg) the other details to be published along with draft regulations and the period for inviting
public comments under clause (a) of section 64A;]
(h) any other matter in respect of which provision is to be, or may be, made by regulations.]
(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation, or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.
1
[64A. Process of issuing regulations.—The Commission shall ensure transparency while making
regulations under section 64, by—
(a) publishing draft regulations along with such other details as may be specified on its website
and inviting public comments for a specified period prior to issuing regulations;
(b) publishing a general statement of its response to the public comments, not later than the date
of notification of the regulations;
(c) periodically reviewing such regulations:
Provided that if the Commission is of the opinion that certain regulations are required to be made or
existing regulations are required to be amended urgently in public interest or the subject matter of the
regulation relates solely to the internal functioning of the Commission, it may make regulations or amend
the existing regulations, as the case may be, without following the provisions stated in this section
recording the reason, for doing so.
64B. Commission to issue guidelines.— (1) The Commission may publish guidelines on the
provisions of this Act or the rules and regulations made thereunder either on a request made by a
person or on its own motion.
(2) Guidelines issued under sub-section (1) shall not be construed as determination of any
question of fact or law by the Commission, its Members or officers and shall not be binding on
the Commission, its Members or officers.
(3) Without prejudice to anything contained in sub-section (1), the Commission shall publish
guidelines as to the appropriate amount of any penalty for any contravention of provision of this
Act.
(4) While imposing penalty under clause (b) of section 27 or under section 43A or section 48
for any contravention of provision of this Act, the Commission shall consider the guidelines
under sub-section (3) and provide reasons in case of any divergence from such guidelines.
(5) The guidelines under sub-sections (1) and (3) shall be published in such form as may be
prescribed.]
65. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the
difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years
from the commencement of this Act.
1. Ins. by Act 9 of 2023, s. 45, (w.e.f. 18-5-2023).
44
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
66. Repeal and saving.—1
[(1) The Monopolies and Restrictive Trade Practices Act, 1969
(54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission
established under sub-section (1) of section 5 of the said Act (hereafter referred to as the repealed Act)
shall stand dissolved.
2* * * * *
(1A) The repeal of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall,
however, not affect,—
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so
repealed; or
(c) any penalty, confiscation or punishment incurred in respect of any contravention under the
Act so repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty,
confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted,
continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as
if that Act had not been repealed.]
(2) On the dissolution of the Monopolies and Restrictive Trade Practices Commission, the person
appointed as the Chairman of the Monopolies and Restrictive Trade Practices Commission and every
other person appointed as Member and Director General of Investigation and Registration, Additional,
Joint, Deputy, or Assistant Directors General of Investigation and Registration and any officer and other
employee of that Commission and holding office as such immediately before such dissolution shall vacate
their respective offices and such Chairman and other Members shall be entitled to claim compensation not
exceeding three months’ pay and allowances for the premature termination of term of their office or of
any contract of service:
Provided that the Director General of Investigation and Registration, Additional, Joint, Deputy or
Assistant Directors General of Investigation and Registration or any officer or other employee who has
been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission
appointed on deputation basis to the Monopolies and Restrictive Trade Practices Commission, shall, on
such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be:
3
[Provided further that the Director General of Investigation and Registration, Additional, Joint,
Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee
who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices
Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission,
shall become, on and from such dissolution, the officer and employee, respectively, of the Competition
Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central
Government, with the same rights and privileges as to pension, gratuity and other like matters as would
have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices
Commission had not been transferred to, and vested in, the Competition Commission of India or the
Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the
Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or
until his remuneration, terms and conditions of employment are duly altered by the Competition
Commission of India or the Appellate Tribunal, as the case may be:]
Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947
(14 of 1947), or in any other law for the time being in force, the transfer of the services of any Director
1. Subs. by Act 39 of 2007, s. 50, for sub-section (1) (w.e.f. 1-9-2009).
2. The proviso and the Explanation omitted by Act 39 of 2009, s. 2 (w.e.f. 14-10-2009).
3. Subs. by Act 39 of 2007, s. 50, for the second proviso (w.e.f. 1-9-2009).
45
General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of
Investigation and Registration or any officer or other employee, employed in the Monopolies and
Restrictive Trade Practices Commission, to 1
[the Competition Commission of India or the Appellate
Tribunal, as the case may be,] shall not entitle such Director General of Investigation and Registration,
Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer
or other employee any compensation under this Act or any other law for the time being in force and no
such claim shall be entertained by any court, tribunal or other authority:
Provided also that where the Monopolies and Restrictive Trade Practices Commission has established
a provident fund, superannuation, welfare or other fund for the benefit of the Director General of
Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation
and Registration or the officers and other employees employed in the Monopolies and Restrictive Trade
Practices Commission, the monies relatable to the officers and other employees whose services have been
transferred by or under this Act to 2
[the Competition Commission of India or the Appellate Tribunal, as
the case may be, shall, out of the monies standing], on the dissolution of the Monopolies and Restrictive
Trade Practices Commission to the credit of such provident fund, superannuation, welfare or other fund,
stand transferred to, and vest in, 3
[the Competition Commission of India or the Appellate Tribunal, as the
case may be, and such monies which stand so transferred shall be dealt with by the said Commission or
the Tribunal, as the case may be, in such manner as may be prescribed.]
4
[(3) All cases pertaining to monopolistic trade practices or restrictive trade practices pending
(including such cases, in which any unfair trade practice has also been alleged), before the Monopolies
and Restrictive Trade Practices Commission shall, 5
[on the commencement of the Competition
Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated
by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not
been repealed.]
6
[Explanation.—For the removal of doubts, it is hereby declared that all cases referred to in this
sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the
losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act,1969
(54 of 1969) as it stood before its repeal.]
(4) Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than
those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade
Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices
Commission 7
[immediately before the commencement of the Competition (Amendment) Act, 2009
(39 of 2009), shall, on such commencement], stand transferred to the National Commission constituted
under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission shall dispose of
such cases as if they were cases filed under that Act:
Provided that the National Commission may, if it considers appropriate, transfer any case transferred
to it under this sub-section, to the concerned State Commission established under section 9 of the
Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as if it
was filed under that Act:
8
[Provided further that all the cases relating to the unfair trade practices pending, before the National
Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill,
2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate
Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed
Act as if that Act had not been repealed.]
1. Subs. by Act 39 of 2007, s. 50, for “the Central Government” (w.e.f. 1-9-2009).
2. Subs. by s. 50, ibid., for “the Central Government shall, out of the monies standing” (w.e.f. 1-9-2009).
3. Subs. by s. 50, ibid., for certain words (w.e.f. 1-9-2009).
4. Subs. by s. 50, ibid., for sub-section (3) (w.e.f. 1-9-2009).
5. Subs. by Act 39 of 2009, s. 2, for “after the expiry of two years referred to in the proviso to sub-section (1)”
(w.e.f. 14-10-2009).
6. Ins. by s. 2, ibid. (w.e.f. 14-10-2009).
7. Subs. by Act 39 of 2009, s. 2, for “on or before the expiry of two years referred to in the proviso to sub-section (1)”
(w.e.f. 14-10-2009).
8. Ins. by s. 2, ibid. (14-10-2009).
46
1
[(5) All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section
36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the
Monopolies and Restrictive Trade Practices Commission shall, 2
[on the commencement of the
Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the
Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.]
(6) All investigations or proceedings, other than those relating to unfair trade practices, pending
before the Director General of Investigation and Registration on or before the commencement of this Act
shall, on such commencement, stand transferred to the Competition Commission of India, and the
Competition Commission of India may conduct or order for conduct of such investigation or proceedings
in the manner as it deems fit.
(7) All investigations or proceedings, relating to unfair trade practices, other than those referred to in
clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969
(54 of 1969) and pending before the Director General of Investigation and Registration on or before the
commencement of this Act shall, on such commencement, stand transferred to the National Commission
constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission may
conduct or order for conduct of such investigation or proceedings in the manner as it deems fit:
3
[Provided that all investigations or proceedings, relating to unfair trade practices pending before the
National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives
the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the
Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner
as it deems fit.]
(8) All investigations or proceedings relating to unfair trade practices referred to in clause (x) of
sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969),
and pending before the Director General of Investigation and Registration on or before the
commencement of this Act shall, on such commencement, stand transferred to the Competition
Commission of India and the Competition Commission of India may conduct or order for conduct of such
investigation in the manner as it deems fit.
(9) Save as otherwise provided under sub-sections (3) to (8), all cases or proceedings pending before
the Monopolies and Restrictive Trade Practices Commission shall abate.
(10) The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with
regard to the effect of repeal.