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U T TA R P R A D E S H
Credit Units: 3
Course Objectives:This paper focuses on the competition laws in the contest of new economic order.
It will provide each student the knowledge on the applied aspect of Competition laws in their application before the Commission, Tribunal and Courts.
Pre-requisites: The student ought to have the knowledge of contracts, company law and general understanding about commercial transactions including
Consumer related issues.
Course Contents/Syllabus:
Module I Competition Law in its Back ground Weightage (%)
Basic Concepts–Customer and Consumer; Types of Market- Perfect Market, Monopoly, Oligopoly and Monopsony, 20%
definition of competition, Constitutional Aspects of Competition Law, Monopolistic Trade Practices, Restrictive Trade
Practices, Unfair Trade Practice, Need of Competition law, Indian scenario with an overview of MRTP Act, 1969,
International development leading towards the development competition Law, Competition policy & Its relation with
Salient Features of Competition.
Module II Anti-Competitive Agreement
Key Definition- Agreement, Enterprises, Persons, Relevant Market, Consumer, Goods, Services, Trade. 20%
Anti-Competitive Agreements, Horizontal and Vertical Agreement, Rule of Per se and Reason, Factors causing Adverse
effect on competition (AAEC) in India, Prohibition of Anti-Competitive Agreement/ Cartel/ Bid Rigging Price Fixing
etc., Introduction to various IP assets, interface between competition and IPR, Inquiry process in Anti-Competitive
Agreements, Exemptions, Penalties
Module III: Regulation of Abuse of Dominant Position
Dominance in the Market - Relevant Market - Appreciable Adverse Effect on Competition in the Market - Abusive Conducts 20%
under the Competition Act, 2002 – Penalties, Prevention of Abuse of Dominance, Inquiry process in Abuse of Dominant Cases;
Essential Facilities Doctrine
Module IV: Regulation of Combinations
Combinations: Merger, Acquisition, Amalgamation and Takeover, Different tests for studying the impacts of combinations in the 20%
market,
Regulated and Unregulated Combinations, Procedure and timelines for filing, Statutory filings relevant for calculation of turnover,
Tests to determine the anti-competitive combinations, Inquiry process in Combination cases, Structural and behavioral remedies to
anti-competitive combinations Regulations, Penalties.
List of Experiments:
NA
100% NA
Weightage (%) NA NA NA NA NA NA NA
Mapping Continuous Evaluation components/PSDA with CLOs
Class Test
Project
Viva
Text Reading:
1. Richard Whish, Competition Law, Oxford University Press, 2008,
2. S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer Protection Law Wadhwa Nagpur (4th ed. 2006)
3. Competition Law In India By Abhir Roy, Jayant Kumar, Eastern Law House
4. Indian Competition Law By Versha Vahini, Lexis Nexis
5. Prescribed Readings:
A. International Review of Competition Law
B. Journal of Competition Law and Economics (JCLE)
C. Competition Policy International (CPI)
D. The Competition Law Review (CompLRev)
6. Some Land Mark Judgment:
A. BrahmDutt v. Union of India, AIR 2005 SC 730
B. CCI v. Steel Authority of India Ltd. &Anr, (2010)10SCC 744
C. Aamir Khan Productions Private Limited v. Union of India, (2010) 4CompLJ580 (Bom)
D. Builders Association of India v. Cement Manufacturers', Case No. 29/2010, CCI.
E. DLF Ltd. v. CCI, 2014 Comp LR 01 (CompAT)
F. Surinder Singh v. Board of Control for Cricket in India, [2013] 113CLA579(CCI)
G.SunPharma and Ranbaxy Combination Order, CCI, Orders dated December 5, 2014 and March 17, 2015.
References:
• All India Reporter
Journal on Competition Law