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    50 views14 pages

    Competition Law (2018&2019) - 20200326205638

    Uploaded by

    Vikram Verma

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    This question paper contains 6 printed pages. 9175 Your Roll No. LL.B. / TV Term H Paper LB-4033 COMPETITION LAW Time : 3 hours Maximum Marks : 100 (Write your Roll No. on the top immediately on receipt of this question paper.) a reas & fread & an fed 1d Fretfea BI STH aTqeHTss Feifeat 1) NotE:— Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. feoroh:— ga wRTTT aT sae sidat ar fet feat ee me F atae Mer at oR ar Aer HE rr afer Aitempt any, ) five questions. All questions carry equal marks. Foret ute reat & sae afer | wet reat & sie ware 8 1. “The Competition Act, 2002 was enacted in view of the economic development that resulted in opening up of the Indian economy, removal of controls and P:T.'0; Scanned with CamScanner 9175 2 consequent economic liberalisation which enabled the 'w competition in the market y and outside.” Elucidate with onal provisions and high level Indian economy to allo from within the countr the help of constitutic committee reports. afate at Rat st gern a1 or. The Joint Forum. of all the producers and distributors of India [JFPD] who were controlling almost 100% of the market for the production and distribution of Hindi motion pictures in India had collectively decided in their méeting that the bollywood movies will be released in the multiplexes only after the multiplex Owners agree upon revenue sharing including ticket sale sharing ratio. Pursuant to this agreement JFPD had issued notices instructing all producers. and distributors not to release any new film for the purposes of exhibition at multiplexes. Under the given circumstances the multiplex owners approached Competition Commission of India for prohibition of anti-competitive behaviour of JFPD. Decide on behalf of CCI, with the help of CCI orders and relewunt statutory provisions. Scanned with CamScanner 3 175 ad & at steqer sik fadasit & dqaa du, ot area 8 fect fist & genes sik fa t atta atta 100% IM T faa vam @, > sett we A aryfes fofa fern fa atgs feet aedteee 2 dt fear aett spe aeteaee of weer at fedent at an od @ feet fee fast wre a fee tt afiafea am ga aneitd & ae JEPD 4 frte faq wa Sager ail facet at fe accteee 7 ag ag far ad fees ore gt oRfeafrat A niet urferat 3 sfrerat salt ar qtarst Wewern JFPD % wfteret-fattet oraen & fe & fees ccr % aneeit ak wdfirs dette sae at aera @ ccr at ak & fofa dfs 20 or BFCI, a society registered under Tamil Nadu Societies Registration Act, 1975 is engaged primarily in controlling and promoting football sport in India. The BFCI in the year 2011 had started a professional domestic football league tournament known as HFL, which over the years has developed to become a global football brand. BFCI granted franchise rights for team ownership infinitum tenure, media rights for a period of ten years’ and sanctioned not to have any competitive league which would compete with HFL. Examine whether there is, if any, contravention of Section 4 of Competition Act, 2002, on information filed by a football fan, against BFCI to CCI. Support your answer with relevant provisions of Competition Act and CCI orders: P; T..0. Scanned with CamScanner 9175 4 afrerng ten dso afatrr, 1975 4 sid FET BEC] Hert: wet Y gare % Ge Ft agra BA ake sah freer 2 eri 31 af 2011 F BCI A TH WAR Re Gea ot ye at A ferecnr aa on LP alk Sh fara ge auf ¥ faenfra dee we afeaw aos at ag 21 BCI X ari & unfernn ew & fee Baer after fe art are & fey ca af & fee ifear after feu aik fart ora sfresafers ot a oftar am fe fae HLF @ we sfeerel a a1 Geae TAK ERI CCI F BECI & faeg aa 7 SRT went aif fer ufaeral afatras, 2002 aes 4 a en ae sever 21 amt am A ccl & ate aik sfreret afatran & cra waar difac 20 Sy aN netiien holding an application for recall of an order under Sec. 26(1) of the Competition Act to be maintainable would tantamount to conferring a right of hearing to the person/entity? Discuss the above proposition. sfrerat afufran & ws 2671) F fea ante at amet & ander at thvfta ant 8 ait cava at ar a afvan fia art 2? sa were an fader artery | 20 5. (a) Discuss the term ‘Combination’. How are they regulated under the Competition Act, 2002? Elaborate the procedure for the inquiry and investigation of combination under the Act. anna = Scanned with CamScanner $ 75 sfaeral aiff, 2002 & arta ve ‘airs’ ar fader aifre, a aa fatrafra fee ora #7 afemar & adiq yeas ak aia at sim faeafta atfere 1 15 (b) Explain how CCI identified the relevant market in Etihad Airways and Jet Airways Combination Order. Etihad Airways 2 Jet Airways date area 7 ccl 3 fea sar daa aR at yea at, AEE | ? “8(a) What is the composition of the Competition Commission of India? Write a critical note on duties of the Competition Commission of India. ardta sieeve afar a diet sae? sae anion & aut wa areas ate fefiaq! 10 (b) What is the leniency accorded to anyone who provides information on any anti-competitive agreement? Explain with the help of relevant provisions and CCI order. sfrcrul-fatet waste at qa yet Bet are wa sara fear wt @? ccr amet sik orf waert at wera @ WARE | 10 Jin the light of Telefonaktiebolaget Im Ericsson V. Competition Commission of India, W.P. (C) 464/2014 P.T.O. Scanned with CamScanner 917s 6 & CM Nos 911/2014 and 915/2014, discuss the interface between Patent Act, 1970 and the Competition Act in so far as anti-abuse provisions are concerned. Also reflect upon how court reconciled the difference between Patent Act and Competition Act. Telefonaktiebolaget Im Ericsson #74 Competition Commission of India, W.P. (C) 464/2014 & CM Nos 9112014 a 9152014 & ware % F< afefrae, 1970 ak sfacret afefrer 3 gecha, wet oH fe ( qalaen fattet meer at rer 2, ar faded aif : ware 3% fea wan We state sit steers afafraa % ae at gaara 2, 1 oft fran aifse | 20 ae short notes on any two of the following: ({@) Relevant Market £2) Competition Advocacy (c) Drawbacks under repealed MRTP Act, 1969. frafatiod 3 8 fart Sm fara fect sifere: (a) Wa aa. i (b) Sfaeratare aenrett (c) fea feat 7a MRTP afehrem at afta | 10, 10 2500 Scanned with CamScanner This question paper contains 8 printed pages. 4335 "Your Roll No. LL.B. / IV Term 1 Paper LB-4033— COMPETITION LAW Time: 3 hours Maximum Marks : 100 (Write your Roll No. on the top immediately ‘on receipt of this question paper.) (a arenes & fret OF one fed 19 Prefer : 3 RUT 1 ae aA Fafa 1) NotE:— Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. feowh:— ga veraT ar sat atta ar. feet Reet oH me ctfsre cer wat cae, ar are Ue et arr afer) Altempt any five questions. e All questions carry equal marks. fare? abe wet & soe Afr at wet a sie ware F1 “The Commission is not expected to give notice to the: parties, ie, the informant‘or the affected party and hear them at length, before forming its opinion. The function is of very Preliminary nature and: in’ fa * common parlance, it is'a departmental func! Scanned with CamScanner 4335 2 that stage, it does not condemn any person and therefore, application of audi alteram partem is not called for”— In the light of the above observation in Competition Com: n of India vs SAIL, discuss the_application of the principle of natural justice in proceedings before CCT’and whether its orders under Sec 26(i) are appealable. “amit @ ag aren agi at art 2 fH val, difea vat saat GAT BA ara, at hee Ba sik wh wh GT aret wa art @ weet | ag art aga Goofs wate wr 21 3a FOTW ag feet cafes at fier wet aT ait gate audi alteram partem % fagra a Fa wel at sreaacrat at 21 onda afeerel ander aan SAIL ® saa sacar & wera A ccl ® waa arafedt A ourpfts =a & fee & wim a fader sited am an sah onde & fires es 26(i) F atite at ot wad 21 20 grat is ‘Relevant Market? and how is. it determined under the Indian Competition Act, 2002? anda sfrerat sfufra, 2002 & atta ‘Swrdfirs aan’ Far 2? der sae Prater ha eat 2? 10. (b) Discuss ihe concept of ‘Relevant Turnover’ as dealt with by the Supreme Court of India in Excel Crop Care Ltd. vs Competition Commission of India. Scanned with CamScanner 3 4335 Excel Crop Care Lid 49ry arity sffeqet srdirt Foun & wales Arey ana frenhta ‘ofirs stad’ at deer

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