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Annexure ‘CD – 01’

U T TA R P R A D E S H

FORMAT FOR COURSE CURRICULUM

L T P/S SW/FW No. of TOTAL


PSDA CREDIT
Course Title: Competition Law UNITS
3 0 0 0 0 3

Credit Units: 3

Course Level: UG Course Code: LAW 112

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.

Module V: Competition Commission of India and Appellate Tribunal 20%


Establishment and Composition, Regulatory role, Duties and power of Competition Commission of India, Composition ,functions
and procedure of Appellate tribunal, interim orders, Extra territoriality and Penalties, Leniency, Competition Advocacy, Judicial
review and its permissible limits

Course Learning Outcomes:


1. Understanding of the investigation and procedural intricacies of Competition laws.
2. Comprehension of compliance with regard to the regulatory laws on the competition related issues.
3. Development of capability for the correct interpretation & application of the Competition laws in the light of case laws.

Pedagogy for Course Delivery:


The course will be delivered through a combination of theoretical and case study approach. Students will be motivated to get updated with recent business
decisions and changes being taken place through classroom discussions on newspaper clippings and articles. Students will be assigned projects to integrate
theory with practical aspects.
Lab/Practical details, if applicable:

List of Experiments:
NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%)

100% NA

Theory Assessment (L&T):


Components (Drop Class Test Project Viva Attendance End-term Examination
down)

Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term Examination


(____ %) (____ %)

Components (Drop down NA NA NA NA NA NA NA

Weightage (%) NA NA NA NA NA NA NA
Mapping Continuous Evaluation components/PSDA with CLOs

Bloom’s Level > Understanding Applying Analyzing


Course Learning Understanding of the Comprehension of compliance Comprehension
Outcomes investigation and with regard to the regulatory laws of compliance
procedural intricacies on the competition related issues. with regard to the
of Competition laws. regulatory laws
Assessment on the
type/PSDA competition
related issues.

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

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