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

Under the Competition Act, 2002, a State Government formulating a policy on competition makes a reference to the Competition Commission of India for its opinion on the possible effect of that policy 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 under the competition advocacy provision. The Act fixes this period so that the government can 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) provides that on receipt of a reference from the Central Government or a State Government, the Commission shall give its opinion within sixty days of the reference being made. The other periods are not stated in the provision.

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