Annexure I:

Definitions under Competition Act 2002

S. No. Sectio Definition Case/Note
n
1. 2(a) “acquisition” means, directly or indirectly,
acquiring or agreeing to acquire— (i) shares,
voting rights or assets of any enterprise; or (ii)
control over management or control over assets of
any enterprise;
2. 2 (b) “agreement” includes any arrangement or
understanding or action in concert, — (i) whether
or not, such arrangement, understanding or action
is formal or in writing; or (ii) whether or not such
arrangement, understanding or action is intended
to be enforceable by legal proceedings;
3. 2 (c) “cartel” includes an association of producers,
sellers, distributors, traders or service providers
who, by agreement amongst themselves, limit,
control or attempt to control the production,
distribution, sale or price of, or, trade in goods or
provision of services;
4. 2 (d) “Chairperson” means the Chairperson of the
Commission appointed under sub-section (1) of
section 9;
5. 2 (e) “Commission” means the Competition
Commission of India established under sub-
section (1) of section 7;
6. 2 (f) “consumer” means any person who—
(i) buys any goods for a consideration which has
been paid or promised or partly paid and partly
promised, or under any system of deferred
payment and includes any user of such goods
other than the person who buys such goods for
consideration paid or promised or partly paid or
partly promised, or under any system of deferred
payment when such use is made with the approval
of such person, whether such purchase of goods is
for resale or for any commercial purpose or for
personal use;

(ii) hires or avails of any services for a

consideration which has been paid or promised or
partly paid and partly promised, or under any
system of deferred payment and includes any
beneficiary of such services other than the person
who hires or avails of the services for
consideration paid or promised, or partly paid and
partly promised, or under any system of deferred
payment, when such services are availed of with
the approval of the first-mentioned person whether
such hiring or availing of services is for any
commercial purpose or for personal use;
7. 2 (g) “Director General” means the Director General
appointed under sub- section (1) of section 16 and
includes any Additional, Joint, Deputy or
 Assistant Directors General appointed under that
section;
8. 2 (h) “enterprise” means a person or a department of
the Government, who or which is, or has been,
engaged in any activity, relating to the production,
storage, supply, distribution, acquisition or control
of articles or goods, or the provision of services, of
any kind, or in investment, or in the business of
acquiring, holding, underwriting or dealing with
shares, debentures or other securities of any other
body corporate, either directly or through one or
more of its units or divisions or subsidiaries,
whether such unit or division or subsidiary is
located at the same place where the enterprise is
located or at a different place or at different places,
but does not include any activity of the
Government relatable to the sovereign functions of
the Government including all activities carried on
by the departments of the Central Government
dealing with atomic energy, currency, defence and
space.
Explanation.-For the purposes of this clause,— (a)
“activity” includes profession or occupation; (b)
“article” includes a new article and “service”
includes a new service; (c) “unit” or “division”, in
relation to an enterprise, includes (i) a plant or
factory established for the production, storage,
supply, distribution, acquisition or control of any
article or goods; (ii) any branch or office
established for the provision of any service;
9. 2 (i) “goods” means goods as defined in the Sale of
Goods Act, 1930 (8 of 1930) and includes— (A)
products manufactured, processed or mined; (B)
debentures, stocks and shares after allotment; (C)
in relation to goods supplied, distributed or
controlled in India, goods imported into India;
10. 2 (j) “Member” means a Member of the Commission
appointed under sub- section (1) of section 9 and
includes the Chairperson;
11. 2 (k) “notification” means a notification published in
the Official Gazette;
12. 2 (l) “person” includes—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm;
(v) an association of persons or a body of
individuals, whether incorporated or not, in India
or outside India;
(vi) any corporation established by or under any
Central, State or Provincial Act or a Government
company as defined in section 617 of the
 Companies Act, 1956 (1 of 1956);
(vii) anybody corporate incorporated by or under
the laws of a country outside India;
(viii) a co-operative society registered under any
law relating to co-operative societies;
(ix) a local authority;
(x) every artificial juridical person, not falling
within any of the preceding sub-clauses;
13. 2 (m) “practice” includes any practice relating to the
carrying on of any trade by a person or an
enterprise
14. 2 (n) “prescribed” means prescribed by rules made
under this Act;
15. 2 (0) “price”, in relation to the sale of any goods or to
the performance of any services, includes every
valuable consideration, whether direct or indirect,
or deferred, and includes any consideration which
in effect relates to the sale of any goods or to the
performance of any services although ostensibly
relating to any other matter or thing;
16. 2 (p) “public financial institution” means a public
financial institution specified under section 4A of
the Companies Act, 1956 (1 of 1956) and includes
a State Financial, Industrial or Investment
Corporation;
17. 2 (q) “regulations” means the regulations made by the
Commission under section 62;
18. 2 (r) “relevant market” means the market which may
be determined by the commission with reference
to the relevant product market or the relevant
geographic market or with reference to both the
markets;
19. 2 (s) “relevant geographic market” means a market
comprising the area in which the conditions of
competition for supply of goods or provision of
services or demand of goods or services are
distinctly homogenous and can be distinguished
from the conditions prevailing in the neighbouring
areas;
20. 2 (t) “relevant product market” means a market
comprising all those products or services which
are regarded as interchangeable or substitutable by
the consumer, by reason of characteristics of the
products or services, their prices and intended use;
21. 2 (u) “service” means service of any description which
is made available to potential users and includes
the provision of services in connection with
business of any industrial or commercial matters
such as banking, communication, education,
financing, insurance, chit funds, real estate,
transport, storage, material treatment, processing,
supply of electrical or other energy, boarding,
lodging, entertainment, amusement, construction,
 repair, conveying of news or information and
advertising;
22. 2 (v) “shares” means shares in the share capital of a
company carrying voting rights and includes— (i)
any security which entitles the holder to receive
shares with voting rights; (ii) stock except where a
distinction between stock and share is expressed or
implied;
23. 2 (w) “statutory authority” means any authority,
board, corporation, council, institute, university or
any other body corporate, established by or under
any Central, State or Provincial Act for the
purposes of regulating production or supply of
goods or provision of any services or markets
therefor or any matter connected therewith or
incidental thereto;
24. 2 (x) “trade” means any trade, business, industry,
profession or occupation relating to the
production, supply, distribution, storage or control
of goods and includes the provision of any
services;
25. 2 (y) “turnover” includes value of sale of goods or
services;
26. 2 (z) words and expressions used but not defined in
this Act and defined in the Companies Act, 1956
(1 of 1956) shall have the same meanings
respectively assigned to them in that Act.