Competition Law
University of Burdwan · LL.B. Semester 5 · LHC 3.5.6
Unit I
1. Understanding the meaning of Competition and the role of Competition in the market · 2. Change from MRTP Act, 1969 to The Competition Act, 2002 (understanding the shift) · 3. Competition Act, 2002 (in details) · Understanding the objective of the following Bills/Acts i. The Competition Amendment Act, 2006 ii. The Competition Amendment Act, 2009 iii. The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2019 iv. Competition (Amendment) Bill, 2020 · 4. Understanding the concept and ambit of Appreciable Adverse Effect on Competition under the 2002, Act.
Unit II
5. Anti-Competitive Agreements (in reference to relevant case laws) · Understanding the nature and situations of prohibition of Horizontal Agreements Understanding the nature and situations of prohibition of Vertical Agreements · 6. Combinations (in reference to relevant case laws, rejecting / permitting combinations) · Legally Permitted and non-permitted combinations (understanding the thresholds in India) · Factors considered into while inquiring into combination by the CCI
Unit III
7. Understanding Abuse of Dominance (in reference to relevant case laws)
Unit IV
8. Authorities under The Competition Act, 2002; · Director General: Composition, Powers and Duties · Competition Commission of India: Composition, Powers and Functions · Competition Appellate Tribute: Composition, Powers and Functions · Ministry of Corporate Affairs: Its Role in the Competition Policy of India · 9. Offences punishable under Competition Act, 2002 · 10. Penalties · 11. Defences available · 12. Some Important Cases (List is not exhaustive, and is only inclusive): i. Brahm Dutt v. U.O.I, SC, 2005 ii. In Re: Suo-Motu Case against LPG cylinder manufacturers, SC, 2018 iii. Mohit Manglani v. M/s Flipkart India Pvt. Ltd. & Ors, CCI, 2015 iv. M/s Fast Track Call Cab Private Limited v. M/s ANI Technologies Pvt. Ltd. · CCI, 2015 v. Schneider Electric India Private Limited and Larsen &Turbo Ltd. · [Combination Registration No. C-2018/07/586] vi. Hyundai Motor Company, Kia Motors Corporation and ANI Technologies Pvt. Ltd., Ola Electric Mobility Pvt. Ltd. [Combination Registration No. C- 2019/09/682] vii. Auto Parts Case COMPAT, 2016 viii. Excel Crop Care Limited v. Competition Commission of India 2017 8 SCC ix. Noida Software Technology Park Limited (“NSTPL”) v. Star India Pvt. Ltd. (“Star India”), Sony Pictures Network India Pvt. Ltd. (“Sony”), CCI, 2018 x. Indian National Shipowners’ Association v. Oil and Natural Gas Corporation Limited, CCI, 2018 · 13. Miscellaneous: i. Competition Law Review Committee Report, 2019 (its recommendations) ii. Implications of E-commerce for Competition Policy