Competition law promotes fair market practices by preventing monopolies, cartels, and abuse of dominance, ensuring consumer welfare and economic growth. It regulates market behavior, fostering efficiency and innovation.
This module covers the nature, scope, and evolution of competition law, including its history in the USA, UK, and Europe. It also explores India’s shift from the MRTP Act to modern regulations, the role of efficiencies, and its interface with trade and intellectual property.
a) Definition of enterprise and competition and importance of competition in the market
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b) The evolving role of efficiencies in Competition Law
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c) Nature, Scope and Objectives of Competition Law
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e) Overview of MRTP Act, 1969
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f) Monopolies Inquiry Commission, 1965
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h) Interface between Competition and IPR
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i) Interface between Competition and Trade
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Anti-competitive agreements and abuse of dominance harm market fairness by restricting competition and consumer choice. The Competition Act, 2002, covers practices like cartelization, bid-rigging, and collusive bidding.
This module explores key concepts such as adverse effects on competition, the rule of reason, and the importance of the relevant market in assessing dominance. It also examines exploitative and exclusionary practices, including predatory pricing.
a) Perspective of Appreciable Adverse Effect
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b) Rule per se and Rule of Reason
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c) Nature and scope of horizontal and vertical agreements affecting competition under the Competition Act, 2002
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e) Importance of Relevant market in context of Dominant position
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f) Exploitative and exclusionary abuses
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Regulating mergers, acquisitions, and joint ventures is crucial to maintaining fair competition in the market. The Competition Act, 2002, governs combinations to prevent market dominance that may harm consumers and businesses. It addresses challenges in balancing economic growth with anti-competitive risks.
This module explores the scope and impact of mergers, the treatment of joint ventures, and the role of the Competition Commission of India (CCI) in ensuring a competitive market. It also covers the powers of the NCLT and the importance of competition advocacy in promoting fair business practices.
a) Regulation of combination in the competitive market and its challenges
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b) Scope and impact of merger and amalgamation
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c) Treatment of joint venture under Indian competition law
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d) Nature, scope, function of Competition Commission of India
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d) Powers of NCLT
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Competition law extends beyond national boundaries, influencing global trade and market dynamics. Various international frameworks, such as GATT, GATS, TRIMS, and TRIPS, shape competition policies worldwide. Organizations like UNCTAD and OECD play a crucial role in promoting fair competition practices across nations.
This module explores European competition law, the role of the International Competition Network, and economic concepts like oligopoly. It also examines emerging trends, including competition in cyberspace and cross-border competition challenges in an increasingly digital and interconnected world.
a) Competition law and practice in context of GATT, GATS , TRIMS and TRIPS
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c) Study of Competition policy and practice in context of OECD
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d) Scope of European Competition law within Treaty on the Functioning of the European Union
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e) International Competition Network and Competition Law
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f) Economics in Competition law and practice; Oligopoly
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