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CMA Final · Corporate and Economic Laws · The Competition Act, 2002

Under Section 49 of the Competition Act, 2002, a State Government refers a draft policy to the Competition Commission of India for its opinion on the policy's possible effect on competition. Within what period must the Commission give its opinion?

The Commission must give its opinion within sixty days of the reference being made by the Central or State Government. The Act fixes this period for competition advocacy opinions on policy, and the government may then take further action as it deems fit.

  1. AThirty days of making the reference
  2. BSixty days of making the referenceCorrect
  3. CNinety days of making the reference
  4. DOne hundred and twenty days of making the reference

Explanation

Section 49(1) requires the Commission to give its opinion to the Central or State Government within sixty days of the reference being made. Thirty and ninety days have no basis in the provision. The period runs from the making of the reference.

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