Competition Law

University of Kerala · LL.B. Semester 4 · Paper I

Unit I

CONCEPTS: Competition, market (geographical and product), perfect competition, monopoly, oligopoly, competition policy and competition law

Unit II

PURPOSE OF COMPETITION POLICY AND LAW: THEORIES Competition and Regulation, Classical theory, Neo-Classical theory, Chicago School, the Neo Austrian School and Harvard School

Unit III

HISTORY OF REGULATION OF COMPETITION IN INDIA Constitutional vision of social justice, Sachar Committee, MRTP Act-Salient features and its amendment in 1991, Raghavan Committee Report, Competition Act 2002 · Fundamental basis of competition policy in India in comparison with Anti-trust law and anti-cartel law

Unit IV

REGULATION OF COMPETITION IN MARKET UNDER COMPETITION ACT · 2002: In the background of MRTP Act · US and UK Law: (i) Anticompetitive Agreements · Horizontal and vertical restraints (ii) Abuse of Dominant Position (iii) Regulation of combination (iv) Penalties and Damages

Unit V

REGULATORY STRUCTURE (i) COMPETITION COMMISSION OF INDIA: Original Provision under the Competition Act, 2002 and the controversy, the amendment in 2007 and the bifurcation · constitution of the CCI, powers and functions, jurisdiction of the CCI · adjudication and appeals · independence and accountability of the CCI and its members · (ii) DIRECTOR GENERAL (iii) CCI & OTHER REGULATORY BODIES (iv) COMPETITION ADVOCACY (v) AN INTERNATIONAL COMPETITION LAW Competition Agreement under WTO · Future initiatives, challenges · Legislations · MRTP Act · Competition Act, 2002