Competitional Law

Maharashtra National Law University, Aurangabad · LL.B. Semester 9

Unit I — Introduction And General Overview to Competition Law

Basic Concepts of Market (Perfect, Monopolistic, Monopoly, Oligopoly), Relation between Competition Policy and Competition Law–Objectives of Competition Law, History and Development of Competition Law/ Antitrust Law, Competition Law of USA, UK and EU- a brief overview, Evolution of Competition Law in India- Liberalization and Globalization-Raghavan Committee Report, Competition Act 2002; Competition Act,2002 vis-a vis MRTP Act,1969, Competition Act, 2002- Objectives, Salient features and Important Definitions under the Competition Act, 2002.

Unit II — Anti – Competitive Agreements

Meaning and Scope, Types of Anti-Competitive Agreements: Horizontal Anti- Competitive, Agreements (Cartels) and Vertical Anti-Competitive Agreements, Rule of Per se and Reason Appreciable Adverse Effect on Competition (AAEC) in India, Exemption, Prohibition of Anti-competitive agreement, Factors conducive, Detecting mechanism (Leniency Regulations), Procedure for Investigation and inquiry with penalty.

Unit III — Abuse of Dominance

Relevant Market- Relevant Product Market, Relevant Geographical market, Dominance in Relevant Market, Abuse of dominance, Predatory Pricing, Procedure for Investigation and inquiry with penalty.

Unit IV — Regulation of Combinations

Introduction and definition, thresholds, Combinations covered under the Competition Act, 2002 and Combination Regulations 2011, Concept of Gun Jumping and Composite Combinations, Procedure for Investigation and inquiry with penalty.

Unit 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, National Company Law Appellate Tribunal (NCLAT) with amendment in May 2017, Competition Advocacy.