PROGRAMME SEMESTER

 

COURSE NAME COURSE CODE

 

LL.M I COMPETITION LAW  

 COMPETITION LAW

The  Competition Act, 2002 was enacted with a view that the Indian economy be enabled to allow competition in the market form within the country and outside. The Act seeks to ensure fair competition by providing for – (i) prohibition of anti-competitive agreements; (ii) prohibition of abuse of dominance; (iii) regulation of combinations; and (iv) competition advocacy.

Module – I  History and Development of Competition Law

History and Development of Competition Law, Constitutional vision of Social Justice – Liberalization and Globalization- Raghavan Committee Report, Competition Act 2002; an Overview of Competition Law in India, Important Definitions under the Competition Act, 2002.

Module – II Anti Competitive Agreements

Anti- Competitive Agreements under the Competition Act, 2002. Appreciable Adverse Effect on competition in the Market. Determination of Relevant Market – Rule of Reason and Perse. Illegal rule – Horizontal and Vertical restraints, Exemption, Penalties, Prohibition of Anti- Competitive Agreements. Cartel- Predatory Pricing, bid rigging.

Module – III Regulation of Abuse of Dominant Position

Introduction – Dominance in the Market – Relevant Market- Appreciable Adverse Effect on Competition in the Market (AAEC) – Abusive Conducts under the Competition Act. 2002 – Penalties – Prevention of Abuse of Dominance.

Module – IV Regulation of Combinations:

Combinations: Merger, Acquisition, Amalgamation and Takeover- Horizontal, Vertical and Conglomerate Mergers- Combinations covered under the Competition Act. 2002 – Regulations, Penalties.

Module – V Enforcement Mechanisms

Enforcement Mechanisms under the Competition Act. 2002 – Competition Commission of India – Constitution of the CCI – Powers and Functions – Jurisdiction of the CCI adjudication and appeals- Director General of Investigation (DGI) – Competition Appellate Tribunal (CAT) – Enforcement Mechanisms.

Module – VI Competition Advocacy and Emerging Trends in Competition

 Law (National and International)

Competition Advocacy in India and other foreign jurisdictions, Intellectual Property Rights and Competition Law, International Trade Law and Competition Law.

Prescribed Reading: 

  1. International Review of Competition Law
  2. Journal of Competition Law and Economics (JCLE)
  3. Competition Policy International (CPI)
  4. The Competition Law Review (CompLRev)

References:

  1. Competition Act, 2002 – Principles and Practices by Dr. V.K. Agarwal
  2. Competition Act, 2002 (Students Edition) by Dr. V.K. Agarwal
  3. Suresh T. Vishwanathan, Law and Practice of Competition Act. Bharat
  4. Richard Whish, Competition Law, Oxford University press, 2008
  5. Mark Furse, Competition Law at the EC and UK, 6th – 2008, Oxford University Press
  6. M. Dugar, Commentary on MRTP Law, Competition Law & consumer Protection Law, 4th ed. – 2006, Wadhwa Nagpur
  7. Abir Roy & Jayant Kumar, Competition Law in India, Eastern Law House, New Delhi
  8. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI University Press, 2007
  9. Kristy Middleton, Barry Rodger & Angus Mac Culloch, Cases and Materials on UK and EC Competition Law, Oxford University Press, 2003
  10. Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007
  11. Philips E. Areeda & H. Hovenkoup, Fundamentals of Anti-Trust Law, ASPEAN Publications, 2006
  12. Ramappa, Competition Law in India: Policy, Issues and Developments, 3rd ed.- 2013, Oxford University Press, New Delhi
  13. Varun Chhachhar “Competition Law and Telecom Sector in India”, 1st– 2013, VLMS Publishers, New Delhi.