Competition Law (Optional)
Hidayatullah National Law University · LL.B. Semester 7 · --
Unit I — Introduction & Overview of Competition Law
Objectives of Competition Law · Competition Policy and Competition Law · Introduction to Models of Competitive Market o Monopoly o Monopsony o Oligopoly o Monopolistic o Perfect Competition and Workable competition · Concept of Efficiency o Allocative Efficiency o Productive Efficiency o Dynamic Efficiency · Types of Market o Product market o Geographic Market · Introduction to Fundamental Definitions: Enterprise, Agreement, Cartel, Consumer etc.
Unit II — ANTI-COMPETITIVE AGREEMENTS
Anti- Competitive Agreements · Appreciable Adverse Effect on Competition in the Market · Horizontal and Vertical agreements · Bid Rigging · Determination and Regulation of Cartel · Rule of Reason and Per se Rule · Prohibition of Anti-competitive agreement, Factors conducive, Detecting mechanism (Dawn Raids, Leniency Regulations) · Exemptions & Penalties
Unit III — Abuse of Dominant Position
Dominance in the Market · Relevant Market · Appreciable Adverse Effect on Competition in the Market · Abusive Conducts under the Competition Act, 2002 o Types of abuse o Exclusionary Abuse o Exploitative Abuse · Penalties - Prevention of Abuse of Dominance under Indian Competition Law
Unit IV — Regulation of Combinations
Combinations covered under the Competition Act, 2002 o Merger o Acquisition o Amalgamation o Takeover · Horizontal, Vertical and Conglomerate Mergers · Need for control of Anti – Competitive Combinations · Threshold limits · Analyzing the relevance of non-price factors in assessing mergers under the Competition Act, 2002 · Penalties - Regulation of Combinations under Indian Competition Law
Unit V — Enforcement Mechanisms and Advocacy
Competition Commission of India (CCI) · Constitution of the CCI · Powers and Functions · Jurisdiction of the CCI - adjudication and appeals · Director General Powers and functions Role in enforcement · NCLAT- Appellate Tribunal Constitution of NCLAT Powers and functions under Competition Law Jurisdiction under Competition Law · Leniency Program and Competition Advocacy · Jurisdictional overlap between the CCI and sectoral regulators