Section 66 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 66(3) to (10) of the Competition Act, 2002 says where cases and investigations pending under the Monopolies and Restrictive Trade Practices Act, 1969 went when that Act was repealed. Restrictive and monopolistic trade practice cases go to the Appellate Tribunal; most unfair trade practice cases go to the National Commission; investigations go to the Competition Commission of India or the National Commission; and everything else abates. The Competition (Amendment) Act, 2023 does not touch these sub-sections.
Monopolistic and restrictive trade practice cases pending before the old Commission stand transferred to the Appellate Tribunal and are decided under the repealed Act. Unfair trade practice cases (other than those under clause (x) of sub-section (1) of section 36A of the repealed Act) go to the National Commission; clause (x) cases go to the Appellate Tribunal. Investigations go to the Competition Commission of India, or for unfair trade practices to the National Commission. All other pending cases abate.
How this article reads the Act
This article follows 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. The 2023 Act does not touch Section 66, so the text below is as printed. The Section 66 text carries heavy footnotes; we explain what is printed and do not re-trace each earlier version. The Monopolies and Restrictive Trade Practices Act, 1969, the Consumer Protection Act, 1986 and the General Clauses Act, 1897 are named as printed; check the current law for the corresponding provisions. The dates mentioned in the text, such as the commencement of the Competition (Amendment) Act, 2009 and the assent to the Competition (Amendment) Bill, 2009, are not given as calendar dates in the printed text, and we give none. If you are researching an older matter, our legal dispute resolution team can help you trace its present position.
Section 66(3): monopolistic and restrictive trade practice cases
"All cases pertaining to monopolistic trade practices or restrictive trade practices pending (including such cases, in which any unfair trade practice has also been alleged), before the Monopolies and Restrictive Trade Practices Commission shall, on the commencement of the competition Amendment Act, 2009 stand transferred to the Appellate Tribunal and shall be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed."
The printed text reads "the competition Amendment Act,.2009", with a stray full stop, and the footnote marks sit inside the sentence; these are printing slips, flagged and not corrected. The key point is that the cases keep the law under which they were filed: the Appellate Tribunal decides them "in accordance with the provisions of the repealed Act".
Explanation. "For the removal of doubts, it is hereby declared that all cases referred to in this sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the losses or damages under section 12(B) of the Monopolies and Restrictive Trade Practices Act, 1969 as it stood before its repeal". Applications for loss or damage under that section are therefore covered with the cases.
Section 66(4): unfair trade practice cases
"Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 and pending before the Monopolies and Restrictive Trade Practices Commission immediately before the commencement of the Competition (Amendment) Act, 2009 shall, on such commencement, stand transferred to the National Commission constituted under the Consumer Protection Act, 1986 and the National Commission shall dispose of such cases as if they were cases filed under that Act."
The printed text shows the opening words of this passage inside quotation marks, the result of a substitution. There are two provisos. First, the National Commission may, if it considers appropriate, transfer any case transferred to it to the concerned State Commission established under section 9 of the Consumer Protection Act, 1986, which disposes of it as if filed under that Act. Second, all cases relating to unfair trade practices pending before the National Commission under this sub-section on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President shall, from that date, stand transferred to the Appellate Tribunal and be adjudicated by it under the repealed Act as if that Act had not been repealed.
Section 66(5): clause (x) unfair trade practice cases
"All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 and pending before the Monopolies and Restrictive Trade Practices Commission shall, on the commencement of the Competition (Amendment) Act, 2009 stand transferred to the Appellate Tribunal and the Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act."
Section 66(6): investigations other than unfair trade practice ones
"All investigations or proceedings, other than those relating to unfair trade practices, pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the Competition Commission of India, and the Competition Commission of India may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit."
Section 66(7): unfair trade practice investigations
All investigations or proceedings relating to unfair trade practices, other than those referred to in clause (x) of sub-section (1) of section 36A, and pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the National Commission constituted under the Consumer Protection Act, 1986, which may conduct or order for conduct of such investigation or proceedings as it deems fit. A proviso says that all such investigations or proceedings pending before the National Commission on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President stand transferred, from that date, to the Appellate Tribunal, which may conduct or order the conduct of them as it deems fit.
Section 66(8): clause (x) investigations
All investigations or proceedings relating to unfair trade practices referred to in clause (x) of sub-section (1) of section 36A, and pending before the Director General of Investigation and Registration on or before the commencement of the Act, stand transferred on such commencement to the Competition Commission of India, which may conduct or order for conduct of such investigation in the manner as it deems fit.
Section 66(9) and (10): abatement and the General Clauses Act
(9) "Save as otherwise provided under sub-sections (3) to (8), all cases or proceedings pending before the Monopolies and Restrictive Trade Practices Commission shall abate."
(10) "The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal."
Where each kind of matter went
| Sub-section | Kind of matter | Went to |
|---|---|---|
| 66(3) | Monopolistic and restrictive trade practice cases (including those with an unfair trade practice alleged) | Appellate Tribunal, decided under the repealed Act |
| 66(4) | Other unfair trade practice cases | National Commission (and State Commission on transfer); later pending ones to the Appellate Tribunal |
| 66(5) | Clause (x) of section 36A unfair trade practice cases | Appellate Tribunal |
| 66(6) | Investigations other than unfair trade practices | Competition Commission of India |
| 66(7) | Unfair trade practice investigations (other than clause (x)) | National Commission; proviso to Appellate Tribunal |
| 66(8) | Clause (x) investigations | Competition Commission of India |
| 66(9) | Anything else pending | Abates |
| 66(10) | Section 6 of the General Clauses Act, 1897 | Not prejudiced |
What the 2023 Amendment Act changed
Nothing in Section 66.
Practical example
A researcher finds a restrictive trade practice complaint from before the repeal. Under Section 66(3) it stands transferred to the Appellate Tribunal and is decided under the old Act. An unfair trade practice complaint of a different kind went first to the National Commission and, if it was still pending there on the relevant date, to the Appellate Tribunal under the proviso. A matter not covered by sub-sections (3) to (8) abated under sub-section (9). For the Tribunal's present role see Section 53A.
Need help tracing an older proceeding?
The route a pre-repeal case took depends on its kind, its stage and the dates in sub-sections (3) to (8). Our legal dispute resolution team can help establish which forum holds it and which law applies. For the repeal itself, see Sections 65 and 66(1) to (2).
Key takeaways
- Monopolistic and restrictive trade practice cases went to the Appellate Tribunal and are decided under the repealed Act.
- Unfair trade practice cases went mostly to the National Commission; clause (x) cases to the Appellate Tribunal.
- Investigations went to the Competition Commission of India or, for unfair trade practices, the National Commission.
- Everything else pending abated, with the General Clauses Act, 1897 unaffected.
- The 2023 Act does not change these sub-sections.
Read next
- Sections 65 and 66(1) to (2): removal of difficulties and repeal of the MRTP Act
- Section 53A: the Appellate Tribunal and its jurisdiction
- Introduction to the Competition Act, 2002
- Consumer Protection Act, 2019 introduction
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.