¹[Reference by Commission]

²[21A. (1)Where in the course of a proceeding before the Commission an issue is raised by any party that any decision which, the Commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of this Act ³ ["an Act"] whose implementation is entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to the statutory authority:

Provided that the Commission, may, suo motu, make such a reference to the statutory authority.

⁴ ["Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority.".]

(2) On receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion.]

Note:

1. Ins. by the Competition (Amendment) Act, 2007

2.  Ins. by the Competition (Amendment) Act, 2007

3.Substituted by the Competition (Amendment) Act, 2023 dated 11.04.2023.

In section 21A of the principal Act, in sub-section (1)

["an Act"]

4.Substituted by the Competition (Amendment) Act, 2023 dated 11.04.2023.

for the proviso

["Provided that the Commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority.".]