Section 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 1 of the Competition Act, 2002 gives the Act its name, says where it extends and says that it comes into force on a date the Central Government appoints by notification. Section 2 then defines the words the rest of the Act relies on; this article covers the institutional ones (Chairperson, Commission, Director General, Member, notification, prescribed, regulations, and the Companies Act cross-reference) and explains how this series reads the Act together with the 2023 amendments.
This article is written as per the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. Section 1 gives the short title, extent and commencement by notification, and lets different dates be appointed for different provisions. The 2023 Act has the same commencement design, so the 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
How this series reads the Act
There is no single consolidated text of the Competition Act, 2002 that already includes the 2023 changes in the sources we use. We therefore work from two texts. The first is the consolidated text published by the Competition Commission of India, whose footnotes show amendments up to the Finance Act, 2017. The second is the Competition (Amendment) Act, 2023 (No. 9 of 2023), published in the Gazette of India on 11 April 2023. Where the 2023 Act says that certain words are substituted, inserted or omitted, we apply that direction to the earlier text and explain the section as it then reads. Where a section was wholly substituted or newly inserted, we explain the gazette text and add a short line on what stood there before.
We always write "Section N of the Competition Act, 2002". The 2023 Act has its own sections numbered 1 to 45, and it is easy to confuse the two numbering systems if the word "section" is used loosely.
For a short overview of the 2023 changes as a whole, see our post on the Competition Act 2023 amendment: key changes, and for a general introduction to the statute see the introduction to the Competition Act 2002.
Section 1(1): the short title
Section 1(1) reads: "This Act may be called the Competition Act, 2002." The Act is numbered No. 12 of 2003 and the consolidated text prints the date 13th January, 2003 under the title. Its long title says it provides for a Commission "to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India". That long title is a useful guide to purpose when a later section is unclear.
Section 1(2): extent
Section 1(2), as printed in the consolidated text, reads: "It extends to the whole of India except the State of Jammu and Kashmir." We quote the sentence as printed. The reader should check the current position on territorial extent before relying on it.
Section 1(3): commencement by notification
Section 1(3) says the Act "shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint". The proviso adds that "different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision." No date is printed in the text, and we give none.
If you are advising on a transaction or an agreement, this matters in practice: a provision can apply from a date that is different from that of the rest of the Act, so you must look at the notification for the particular provision rather than assume one common date. A short legal consultation before signing is a sensible way to settle which version of a provision applies to your facts.
The 2023 Act uses the same design
Section 1 of the Competition (Amendment) Act, 2023 gives it the short title "Competition (Amendment) Act, 2023" and, in its sub-section (2), uses the same wording: it comes into force on such date as the Central Government appoints by notification in the Official Gazette, and different dates may be appointed for different provisions. The notifications are not in the sources consulted and should be checked, provision by provision.
Section 2 of the 2023 Act is a general substitution. Wherever they occur in the principal Act, the words and figures "the Companies Act, 1956" are replaced by "the Companies Act, 2013" and the figures and word "1 of 1956" by "18 of 2013". Several definitions in Section 2 and other provisions mentioned the older Companies Act in the consolidated text; we read them with that substitution and say so where it matters. Companies Act references are quoted as printed; check the current company law for the corresponding provision.
The institutional definitions in Section 2
Each of the following definitions is a pointer to another section.
| Clause | Term | What it says (as printed) | Where to read more |
|---|---|---|---|
| 2(d) | Chairperson | The Chairperson of the Commission appointed under sub-section (1) of Section 9 | Section 9 |
| 2(e) | Commission | The Competition Commission of India established under sub-section (1) of Section 7 | Section 7 |
| 2(g) | Director General | The Director General appointed under sub-section (1) of Section 16, including any Additional, Joint, Deputy or Assistant Directors General appointed under that section | Section 16 |
| 2(j) | Member | A Member of the Commission appointed under sub-section (1) of Section 9, including the Chairperson | Section 9 |
| 2(k) | notification | A notification published in the Official Gazette | Whole Act |
| 2(n) | prescribed | Prescribed by rules made under this Act | Section 63 |
| 2(q) | regulations | The regulations made by the Commission under Section 62, as printed | Section 64 |
| 2(z) | Companies Act terms | Words used but not defined in this Act and defined in the Companies Act have the meaning assigned in that Act | The Companies Act |
For clause (z), the consolidated text prints "the Companies Act, 1956 (1 of 1956)". After the general substitution made by Section 2 of the 2023 Act, the clause refers to the Companies Act, 2013 (18 of 2013). Check the current company law for the corresponding provision when you rely on a Companies Act meaning.
Two points deserve a plain warning. First, "prescribed" always points to rules, so wherever a section says "as may be prescribed", the detail sits in rules that are not in our sources and we state no figure or criterion for it. Second, clause (q) refers to regulations made "under section 62" in the copy consulted, whereas the regulation-making power printed in that copy is in Section 64. That is a printing slip in the text; we have not corrected it. The Commission's regulations are covered in later articles of this series.
A definition that is not printed: clause (ba)
The consolidated text does not print clause (ba), "Appellate Tribunal", in its body. A bracketed note and a footnote appear instead, and they do not agree on which wording is the older one: one names the National Company Law Appellate Tribunal and the other the Competition Appellate Tribunal. Because the definition itself is not printed in the copy consulted, we take the meaning of "Appellate Tribunal" from Section 53A(1) as printed, which names the National Company Law Appellate Tribunal constituted under the Companies Act, 2013 as the Appellate Tribunal for the purposes of the Act. Our article on appeals explains this in detail.
What the 2023 Amendment Act changed in this part
| Provision | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| Commencement | Section 1(3): by notification, different dates for different provisions | Same design for the 2023 Act itself, in its own Section 1(2); dates not in the sources |
| References to the Companies Act | "the Companies Act, 1956" and "1 of 1956" | "the Companies Act, 2013" and "18 of 2013", wherever they occur |
| Definition clauses (d), (e), (g), (j), (k), (n), (q) | Printed as above | Not changed by the 2023 Act, apart from the general substitution |
Where the other definitions are explained
Section 2 is long, so we have split it. The terms that define who is covered (consumer, enterprise, person, public financial institution, turnover and others) are in our article on enterprise, person, consumer, goods, service and turnover. The terms that frame the substantive prohibitions (acquisition, agreement, cartel, relevant market, settlement and commitment) are in our article on agreement, cartel, relevant market, settlement and commitment.
Need help with a competition law question?
If you are unsure whether a provision of the Competition Act applies to your business, or whether a notification affects a planned agreement or deal, our team can read the provision with you and the notification that applies to it. You can start with a legal consultation and bring the documents you are working from.
Key takeaways
- Section 1 gives the short title, extent and commencement by notification, with different dates possible for different provisions.
- Section 1(2) is quoted as printed in the consolidated text; check the current position on extent.
- The 2023 Act uses the same notification design, so check the notification for each 2023 provision.
- The 2023 Act replaces "the Companies Act, 1956" with "the Companies Act, 2013" wherever the earlier words occur.
- Definitions (d), (e), (g), (j), (k), (n), (q) and (z) are pointers; clause (ba) is not printed in the copy consulted.
Read next
- Enterprise, person, consumer, goods, service and turnover defined
- Agreement, cartel, relevant market, settlement and commitment defined
- Establishment, composition and selection of the Commission
- Competition Act 2023 amendment: key changes
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.