Penalty for failure to comply with directions of Commission and Director General

1[43. If any person fails to comply, without reasonable cause, with a direction given by—

(a) the Commission under sub-sections (2) and (4) of section 36; or

(b) the Director General while exercising powers referred to in sub-section (2) of section 41,

such person shall be punishable with fine 2 ["shall be liable to a penalty"]which may extend to rupees one lakh for each day during which such failure continues subject to a maximum of rupees one crore, as may be determined by the Commission]

Note:

1. Subs. by Competition (Amendment) Act, 2007 for:

“If any person fails to comply with a direction given by—

(a) the Commission under sub-section (5) of section 36; or

(b) the Director General while exercising powers referred to in sub-section (2) of section 41, the Commission shall impose on such person a penalty of rupees one lakh for each day during which such failure continues.”

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

In section 43 of the principal Act

["shall be liable to a penalty"]