Competition Law
Savitribai Phule Pune University · LL.B. Semester 4 · LDSE 0807
Unit 1 — Introduction :
1. Basic Concepts: Customer and Consumer, Market, Types of Market – Perfect Market, Monopoly, Oligopoly and Monopsony · 2. Rationale behind Competition Law · 3. Constitutional aspect of Competition Law with respect to Human Rights and Social Justice (Article 39 (b) and (c) of the Constitution of India) · 4. Relation between Competition Policy and Competition Law · 5. Objectives of Competition Law · 6. Economic analysis of Competition Law
Unit 2 — Historical Development of Competition Law:
1. History and Development of Competition Law / Antitrust Law · 2. Development of Competition Laws in the USA, UK, and EU · 3. Brief overview of Competition Law in USA, UK and EU · 4. Hazari Commission Report, MRTP Commission Report, Sachar Committee Report, Raghavan Committee Report · 5. Salient Features of the MRTP Act, 1969 · 6. The Competition Act, 2002 – Objectives and Salient Features · 7. The Competition Act, 2002 vis a vis the MRTP Act, 1969 · 8. Important Definitions under the Competition Act, 2002
Unit 3 — Anti-Competitive Agreements:
1. Anti- Competitive Agreements: Meaning and Scope · 2. Types of Anti-competitive agreements - Horizontal and Vertical agreement · 3. Per se Illegal Practices and Rule of Reason · 4. Exemption from anti-competitive agreements · 5. Prohibition of anti-competitive agreement/cartel / bid rigging · 6. Practices, decisions, and agreements resulting in cartels · 7. Pro-competitive and anti-competitive effects of joint ventures 8. Pro- competitive and anti-competitive effects of vertical agreements · 8. Prevention of anti-competitive agreements in the USA, UK and EU
Unit 4 — Regulation of Abuse of Dominant Position:
1. Economics of abuse of dominance · 2. Types of Abuse by a Dominant Player: Exploitative Abuses (Vertical restraints and Excessive pricing), Exclusionary Abuses (price discrimination, discounts, and predation enterprise, price parallelism) · 3. Relevant Market and Relevant Geographical Market · 4. Dominance in Relevant Market · 5. Relevance of sector-specific competitive dynamics on the dominant position · 6. Predatory Pricing · 7. Defences against abuse of dominance, Doctrine of Necessity · 8. The remedies in case of abuse of dominance · 9. Prevention of Abuse of Dominant Position in UK and USA
Unit 5 — Regulation of Combinations :
1. Combinations: Merger, Acquisition, Amalgamation and Takeover · 2. Jurisprudence of Horizontal, Vertical, and Conglomerate Mergers · 3. Private Equity Investments · 4. Notification of combinations · 5. Jurisdictional test: Turnover, Asset, Domestic nexus, Exemptions · 6. Regulations and Penalties · 7. Position in USA, UK and EU
Unit 6 — Enforcement Mechanisms:
1. Establishment and Constitution of Competition Commission of India, Powers and Functions · 2. Jurisdiction of the CCI · 3. Director General of Investigation (DGI) - Penalties and Enforcement · 4. Competition Appellate Tribunal · 5. Adjudication and Appeals · 6. Competition Advocacy in India and International Perspective
Unit 7 — The interface of Competition Law with other Laws:
1. Intellectual Property Rights and Competition Law · 2. International Trade and Competition Law · 3. Consumer Protection Law and Competition Law