CONTENTS

Table of Cases

Chapter 1

INTRODUCTION

Constitutional Aspect of Elimination of Concentration of Wealth and Distribution of Resources [Articles 38 and 39]

What is Competition?

Why Competition

What is Competition Law

What is Competition Policy

History of Competition Policy in India

Relation between Competition Policy, Competition Law and Economic Development

Draft National Competition Policy, 2011

Object/Objectives of Competition Law/Act

Chapter 2

History and Development of Competition Law

History and Development of Competition Law/Antitrust Law

History of Competition Law in India

Monopolies and Restrictive Trade Practices Act, 1969

Liberalisation and Globalisation

Shortcomings of the MRTP Act, 1969

Raghavan Committee

Competition (Amendment) Act, 2007

Competition (Amendment) Act, 2009

Finance Act, 2017

The Competition (Amendment) Bill, 2012

Overview of Competition Act, 2002

Objectives of the Competition Act, 2002

Salient Features of the Competition Act, 2002

Constitutionality of the Competition Act, 2002

Extent and Commencement

Extra-territorial Reach

Scheme of the Act

Important Definitions [Section 2]

1. Agreement [Section 2(b)]
2. Cartel [Section 2(c)]
3. Consumer [Section 2(f)]
4. Enterprise [Section 2(h)]
5. Goods [Section 2(i)]
6. Service [Section 2(u)]
7. Practice [Section 2(m)]
8. Market
9. Relevant Market [Section 2(r)]
10. Turnover [Section 2(y)]
11. Relevant Turnover

Chapter 3

Anti-Competitive Agreements [Section 3]

Anti-Competitive Agreements [Section 3]

General Prohibition [Section 3(1) and Section 3(2)]

Anti-Competitive Agreements [Section 3(1)]

Agreement Entered in Contravention of Section 3(1) shall be void [Section 3(2)]

Rules Applied in the Interpretation of Anti-Competitive Agreements

Horizontal Agreements or Agreements which cause an adverse effect on Competition [Section 3(3)]

Types of Horizontal Agreement Prohibited under section 3(3)

(a) Prize-Fixing Agreements [Section 3(3)(a)]

(b) Limiting or Controlling Production, Supply etc. [Section 3(3)(b)]

(c) Market Allocation and Sharing [Section 3(3)(c)]

(d) Bid Rigging or Collusive Bidding [Section 3(3) (d)]

Forms of Bid-Rigging

Cartels

Essential Ingredients of Cartel

Cartels and the Competition Act, 2002

Burden of Proof and Standard of Proof in a Cartel case

Vertical Agreements or Agreements which cause an adverse effect on competition [Section 3(4)]

Distinction between Section 3(3) and Section 3(4)

Types of Vertical Agreement Prohibited under Section 3(4)

1. Tie-in-Arrangement [Section 3(4)(a)]
2. Exclusive Supply Agreement [Section 3(4)(b)]
3. Exclusive Distribution Agreement [Section 3(4)(c)]
4. Refusal to Deal [Section 3(4)(d)]
5. Re-sale Price Maintenance [Section 3(4)(e)]

How to prove that at agreement is anti-competitive

4. Exemption/Exceptions [Section 3(5) and proviso to Section 3(3)

(i) Exception for the protection of Intellectual Property Rights [Section 3(5)(i)]

(ii) Exception to agreements related to export cartels [Section 3(5)(ii)]

(iii) Exemption for joint ventures

Chapter 4

Regulation of Abuse of Dominant Position
(Section 4)

Abuse of Dominant Position (Section 4)

Determining Abuse of Dominance

1. Delineation of “Relevant Market”
2. Dominance in Relevant Market

(1) Ability to Operate Independently of Competitive Forces in the Relevant Market

(2) Ability of an enterprise to affect its competitors or consumers or the relevant market in its favour

Factors relevant for determining Dominant Position

3. Abuse of Dominance/Abuse of Dominant Position

Kinds of Abuses

Predatory Pricing [Section 4(2)(a)]

Pre-requisites of Predatory Pricing

Elements of Predatory Pricing

Chapter 5

REGULATION OF COMBINATIONS (SECTION 5 AND SECTION 6)

Combination [Section 5]

(a) Nature of Transaction

(b) The Values Involved in Transaction (Threshold Limits)

De Minimis Exemption

Thresholds for availing of De Minimis Exemption for Acquisitions

Meaning of Control

Regulation of Combinations [Section 6]

Time limit for giving notice of combination to commission

Procedure for Investigation of Combination [Section 29 and 30]

Inquiry into Combinations

Order of Commission on Certain Combinations [Section 31]

Penalty for making false statement or omission to furnish material information

Remedies

Appeals

Time Limit for Commission’s Order [Section 6(2A)]

Exceptions [Section 6(4) and Section 6(5)]

CCI (Procedure in Regard to the Transaction of Business Relating to Combinations) Amendment Regulations, 2015

Chapter 6

ENFORCEMENT MECHANISMS

Enforcement Mechanisms under the Competition Act, 2002

General Provisions Regarding CCI

Establishment of Competition Commission of India [CCI] [Section 7]

Vision and Mission of CCI

Composition of Commission [Section 8]

Duties, Powers and Function of Commission

Duties of the Competition Commission of India [Section 18]

Powers and Functions of Competition Commission of India

Director-General [Section 16]

Duties of Director-General [Section 41]

Powers of Director General

Appellate Tribunal

Appellate Tribunal [Section 53A]

Appeal to Appellate Tribunal [Section 53B]

Awarding compensation [Section 53(N)]

Penalties under Competition Act, 2002 [Section 42 to 48]

Contravention of Orders of Commission [Section 42]

Compensation in case of Contravention of Orders of Commission (Section 42A)

Penalty for failure to comply with directions of Commission and Director General (Section 43)

Power to impose penalty for non-furnishing of information on combinations (Section 43A)

Penalty for making false statement or omission to furnish material information (Section 44)

Penalty for offences in relation to furnishing of information (Section 45)

Power to impose lesser penalty (Section 46)

Crediting sums realised by way of penalties to Consolidated Fund of India [Section 47]

Contravention by Companies [Section 48]

Chapter 7

COMPETITION ADVOCACY AND LENIENCY PROGRAMME

Competition Advocacy in India

Advocacy Initiatives by Competition Commission of India

International Engagements

Coordination with other Competition Regulators

Foreign Jurisdiction of CCI

Effects Doctrine in India

Leniency Programme

Conditions for Leniency

Quantum of Immunity

Procedure for Lesser Penalty

Confidentiality

Grant of Leniency

Chapter 8

EMERGING TRENDS IN COMPETITION LAW
(NATIONAL AND INTERNATIONAL)

Intellectual Property Rights and Competition Law

The Emerging Jurisprudence: IP versus Competition Law

Statutory Analysis

International Trade Law and Competition Law

Contentions of Ericsson

Confutation by CCI, Micromax & Intex

Telecom Regulatory Authority of India and Competition Law

Constitutionality of the Competition Act, 2002