Competition Laws
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 8 · LAIHTD1N
Unit I — Foundations of Competition Law in India
Origin and Objectives of Competition Law · MRTP Act, 1969: Background, Framework, and Limitations · Raghavan Committee Recommendations and Rationale for a New Law · Competition Act, 2002: Objectives, Scope, Definitions, and Key Concepts · Appreciable Adverse Effect on Competition (AAEC): Meaning and Judicial Interpretation · Evolution of the Concept of Unfair Trade Practices in Indian Law
Unit II — Anti-Competitive Agreements
Horizontal Agreements: · Cartelization, Price Fixing, Market Allocation, Output Restriction · Bid Rigging and Collusive Bidding · Vertical Agreements: · Tie-in Arrangements, Exclusive Supply/Distribution, Refusal to Deal, RPM · Tests and Doctrines: · Rule of Reason vs Per Se Rule (Indian and International Perspective) · Competition and IPR Interface: · How competition law interacts with and sometimes limits IPR protections.
Unit III — Abuse of Dominant Position
Meaning and Determination of Dominant Position · Relevant Market: Product and Geographic Market · Abuse of Dominance under Section 4 of the Competition Act, 2002 · Predatory Pricing · Limiting Production or Technical Development · Denial of Market Access · Imposition of Unfair or Discriminatory Conditions or Prices
Unit IV — Regulation on Combination
Understanding Combinations · Types: Mergers, Amalgamations, and Acquisitions. · Economic rationale behind regulatory intervention. · Notification and Regulatory Process · Thresholds, exemptions, notification procedures under the Competition Act, 2002. · Assessment of AAEC in Mergers · Methods and criteria for analysis
Unit V — Institutional Framework and Contemporary Challenges
Competition Commission of India (CCI): Structure, Powers, Functions, and Recent Amendments · Director General (DG): Investigation Powers and Reports · Appellate Authorities: COMPAT, NCLAT, and Supreme Court Jurisdiction · Procedure for Inquiry and Penalties · Extraterritorial Jurisdiction under Section 32 · Competition Advocacy: Government, Industry, and Consumer Engagement · Leniency/Whistleblower Programme: Purpose, Process, and Success Stories · Emerging Areas: · Digital Markets and Algorithmic Collusion · Self-preferencing, Data Monopolies, Network Effects · Artificial Intelligence and Competition Law