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Corporate Legal Framework

Notes Benches of Commission

Sec.22 contains provisions relating to constitution of Benches of the Commission. It provides as
follows:
1. The jurisdiction, powers and authority of the Commission may be exercised by Benches
thereof.

2. The Benches shall be constituted by the Chairperson and each Bench shall consist of not
less than two Members.
3. Every Bench shall consist of at least one Judicial Member.

Procedure for Deciding a Case where Members of a Bench differ in Opinion

Sec.24 provides that if the Members of a Bench differ in opinion on any point, they shall state the
point or points on which they differ, and make a reference to the Chairperson who shall either
hear the point or points himself or refer the case for hearing on such point or points by one or
more of the other Members and such point or points shall be decided according to the opinion of

the majority of the Members who have heard the case, including those who first heard it.
Jurisdiction of Bench

Sec.25 provides that an enquiry shall be initiated or a complaint be instituted or a reference be made
under this Act before a Bench within the local limits of whose jurisdiction – (a) the respondent, or
each of the respondents, where there are more than one, at the time of the initiation of enquiry or
institution of the complaint or making of reference, as the case may be, actually and voluntarily
resides, or carries on business, or personally works for gain; or (b) any of the respondents, where
there are more than one, at the time of the initiation of the enquiry or institution of complaint or
making of reference, as the case may be, actually and voluntarily resides or carries on business or
personally works for gain provided that in such case either the leave of the Bench is given, or the
respondents who do not reside, or carry on business, or personally work for gain, as aforesaid,
acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.

5.6 Enquiry into certain Agreements and Dominant Position of
Enterprise and Combinations

Enquiry into certain Agreements and Dominant Position of Enterprises

Sec.19 provides that the Commission may enquire into any alleged contravention of the provisions
contained in Secs.3 or 4 either on its own motion or on (a) receipt of a complaint from any person,
consumer or their association or trade association, or (b) a reference is made to it by the Central
Government or a State Government or a statutory authority.

Enquiry into Combination by Commission

Sec.20 provides that the Commission may, upon its own knowledge or information relating to
acquisition or acquiring of control or merger or amalgamation under Sec.5, enquire into whether
such a combination has caused or is likely to cause an appreciable adverse effect on competition
in India.

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