(1) The Commission may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or sub-section (1) of section 4 either on its own motion or on—

2[Provided that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen:

Provided further that an information or a reference may be entertained after the period specified in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period after recording its reasons for condoning such delay.]

(2) Without prejudice to the provisions contained in sub-section (1), the powers and functions of the Commission shall include the powers and functions specified in sub-sections (3) to (7).

(3) The Commission shall, while determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:—

(4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section 4, have due regard to all or any of the following factors, namely:—

(5) For determining whether a market constitutes a "relevant market " for the purposes of this Act, the Commission shall have due regard to the "relevant geographic market " and "relevant product market ".

(6) The Commission shall, while determining the "relevant geographic market ", have due regard to all or any of the following factors, namely:—

5[(i) characteristics of goods or nature of services;

(7) The Commission shall, while determining the "relevant product market ", have due regard to all or any of the following factors, namely:—

5(g) costs associated with switching demand or supply to other goods or services;

3. The words "by hindering entry into the market " omitted by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023). 4. Subs. by s. 14, ibid., for "accrual of benefits " (w.e.f. 18-5-2023). 5. Ins. by Act 9 of 2023, s. 14 (w.e.f. 18-5-2023).