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79 competition appellate tribunal cat 8 a

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7.9Competition Appellate Tribunal (CAT)8a.Establishment of CAT:The Central Government shall establish CAT to hear and dispose ofappeals against any direction issued or decision made or order passed by CCI. CAT shallalso adjudicate on claims for compensation.b.Appeal to CAT:The Central or State Government, a local authority, enterprise or any personaggrieved by any direction, decision or order of CCI may file an appeal to CAT, Appeal shallbe filed within 60 days of the receipt of the order/decision by the appellant, CAT shoulddispose of the appeal within 6 months of its receipts.c.Composition of CAT:CAT shall consist of a chairperson and not more than two members.The term of chairperson or a member of CAT is five years and they are eligible for re-appointment.d.Procedure and Powers of CAT:CAT shall not be bound by the procedure laid down in theCode of Civil Procedure. It shall be guided by the principles of natural justice, provisions ofthe Act and rules made by the Central Government. CAT shall have power to regulate itsown procedure. CAT shall have the same powers as are vested in a civil court.e.Contravention of orders of CAT.:Any person contravening any order of CAT shall be liablefor a penalty upto Rs. 1 crore or imprisonment upto 3 years or both.f.Appeal to Supreme Court: Any person/authority/enterprise or Government aggrieved byany decision or order of CAT may file an appeal to the Supreme court within 60 days fromthe communication of the decision/order of CAT.7.10 Miscellaneous9This part of the Act provides for:a.Power to exempt by government of:i.Any enterprise necessary in the interest of security of state or public interest.ii.Any agreement arising out of treaty, agreement or convention with any country.iii.Any enterprise performing sovereign function.b.Government has power to issue directions or supersede C.C.I.c.The chairpersons and members of C.C.I., CAT, D.G., Secretary officers and employees arepublic servants.d.Protection of action taken in good faith.e.The Act to have over-riding effect. The application of other laws is not barred.f.The exclusion of jurisdiction of civil court.g.Power to make rules and regulations.h.Power to remove difficulties upto 2 years.i.Monopolistic Restrictive Trade Practices Act, 1969 is repeated.
124Self-Learning MaterialNotesj.All pending cases relating to Monopolistic Restrictive Trade Practices shall revert to C.C.iand of Unfair Trade Practices (except some) to the National Commission under the ConsumerProtection Act, 1986.SummaryThe Competition Act, 2002Competition is necessary for any business in India. The law regarding competition is contained inthe Competition Act, 2002 as amended in 2007. It extends to the whole of India except Jammu andKashmir. The Act prohibits anti-Competitive agreements, abuse of dominant position and regulatescombination by laying down monetary limits for acquisition by one or by a group in or outsideIndia. The Act also provides for the establishment of Competition Commission of India (CCI) andits power and duties and the procedure for Inquiry to be conducted by the Director General. Fromthe orders of CCI, appeal can be filed to the competition Appellate Tribunal (CAT) and from itsorders in the Supreme Court of India. The Act provides for various offences like contravention oforders of CCI, non furnishing of information on combination making false statements and the

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