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Competition Commission of India Journal on Competition Law and Policy is conceived with the aim of fostering research in the field of competition law and policy. Competition law is a relatively new area of interdisciplinary research concerning law, economics, and finance. With the publication of this journal, the Commission hopes to stimulate rigorous research and informed debate on contemporary issues in the field and apply the results for enforcement and advocacy.
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Aims & ScopeThe Competition Commission of India (CCI) is a statutory body established under the Competition Act, 2002, with the objective of preventing practices having adverse effect on competition, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade carried on by other participants within markets in India. CCI is also mandated to take suitable measures for the promotion of competition advocacy and spreading awareness about competition issues. In furtherance of the above, as a public institution, CCI encourages scholarship in the field of competition law and policy to develop a better understanding of competition issues relevant to the Indian context and draw inferences for the implementation of competition law to create a culture of competition in India. CCI’s journal, Competition Commission of India Journal on Competition Law and Policy , is published annually to this end. The journal aims to encourage research and debate on contemporary issues in the field of competition law to develop a better understanding of competition issues relevant to the Indian context and draw inferences for the implementation of competition law in India. The journal covers a wide range of themes. Research papers, articles, case studies, and book reviews based on empirical research on the following themes in the Indian context are encouraged for submission:
Advertisement The Use of Competition Law as a Mechanism of Corporate Governance in India
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209 Accesses Explore all metrics Competitiveness is a key requirement for modern companies to survive. Effective corporate governance practices are also fast emerging as a fundamental obligation owed to shareholders and other stakeholders. The connection between competition and good corporate governance is derived from the product market competition hypothesis (PMCH) that projects the idea that operating in competitive markets would increase x-efficiency and decrease agency costs in companies, leading to superior corporate governance. Although a significant amount of work, both theoretical and empirical has been carried out on the efficacy of the PMCH, none of the research has been conclusive. Moreover, there has been no concentrated effort into determining the impact of the PMCH on the specific types of agency problems that are endemic to companies with largely concentrated shareholding structures like India. The paper highlights that a part of the reason behind the waning and unconvincing research on the PMCH (specially in India) has been the focus on competitiveness as an abstract concept or empirical construct, rather than on the regulatory aspect of competition, that is, competition law. This paper examines the connection between competition law and corporate governance, specifically the utility of competition regulation in being used to improve corporate governance in companies. It also considers the effectiveness of competition law in dispelling some of the pervasive Indian corporate governance problems such as tunneling and inefficient related party transactions. Some of the methods that are considered which would have such an impact and thus are recommended by the researcher, are a redefinition of ‘dominant position’ in the competition law discourse, to include within it pyramidical groups of companies as well as viewing tunneling practices as having an ‘appreciable adverse effect’ on competition. Doing so would result in numerous efficiencies as competition law could be used to kill two birds with one stone: increasing both competitiveness and good corporate governance. This is a preview of subscription content, log in via an institution to check access. Access this articleSubscribe and save.
Price includes VAT (Russian Federation) Instant access to the full article PDF. Rent this article via DeepDyve Institutional subscriptions Similar content being viewed by othersCentros and Defensive Regulatory Competition: Some Thoughts and a Glimpse at the DataCompetition laws, ownership, and corporate social responsibilityCorporate Governance, Product Market Competition and Firm Performance: Evidence from IndiaAvailability of data and materials. Duly cited. Code AvailabilityNot applicable. Competition Act 2002, s 19 (a). Competition Act 2002, s 53 N (1). Competition Act 2002, s 3(1). Competition Act 2002, s 4, explanation (a). Competition Act s 4(2) (a). Competition Act 2002, explanation to s 4, emphasis added. Bharti Airtel Limited v Reliance Industries Limited & Reliance Jio Infocomm Limited ( 2017 ) Case No. 3 of 2017 (CCI). ibid Para 22. Re Lifestyle Equities C.V. v Amazon Seller Services Pvt. Ltd ( 2020 ) Case No. 9 of 2020 (CCI). 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Kotak Committee Report on Corporate Governance. Selarka, Ekta. 2014. Corporate Governance, Product Market Competition and Firm Performance: Evidence from India. In Corporate Governance in Emerging Markets: Theories, Practices and Cases , ed. Sabari Boubaker and Duc Khuong Nguyen. Springer. Sheikh, Saleem, and William M. Rees. 1992. Corporate governance and corporate control: Self-regulation or statutory codification ? . International Company and Commercial Law Review 3 (11): 370. Shleifer, Andrei, and Robert W. Vishny. 1997. A Survey of Corporate Governance. The Journal of Finance 52 (2): 737. Stigler, George J. 1958. The Economies of Scale. The Journal of Law and Economies 1: 54. Thepot, Florence.2014. The Interaction between Competition Law and Corporate Governance: Opening the ‘Black Box’’ . Doctoral Thesis, University College of London . http://discovery.ucl.ac.uk/1456752/ . Accessed 1 Sept 2021. Varottil, Umakanth. 2009. A Cautionary Tale of the Transplant Effect on Indian Corporate Governance. National Law School of India Review 21: 1. Varottil, Umakanth. 2020. Shareholder Stewardship in India: The Desiderata. NUS Law Working Paper 2020/005. Vardhan, Vikas. 2015. Major Shareholders of Indian Stock Market. Value Research . https://www.valueresearchonline.com/story/h2_storyView.asp?str=28417#prettyPhoto . Accessed 17 Feb 2022. Waller, Spencer W. 2011. Corporate Governance and Competition Policy. George Mason Law Review 18: 833. Whish, Richard and Bailey, David. 2012. Competition Law . OUP. Yadav, Nandini. 2017. Airtel moves CCI against Reliance Jio’s 'predatory pricing. BGR India. https://www.bgr.in/news/airtel-moves-cci-against-reliance-jios-predatory-pricing/ . Accessed 15 Feb 2022. Clayton Act of 2006, United States of America. Companies Act 2013, India. Company Directors Disqualification Act 1986, United Kingdom. Competition Act 1998, United Kingdom. Competition Act 2002, India. The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011. The Enterprise Act 2002, United Kingdom. The Enterprise and Regulatory Reform Act 2013, United Kingdom. SEBI (Listing Obligation and Disclosure Requirements) Regulations 2015. Monopoly Regulation and Fair Trade Act 1980, Act No. 3320 (as amended by Act No.11937 in 2013). Korea. Bharti Airtel Limited v Reliance Industries Limited & Reliance Jio Infocomm Limited [2017] Case No. 3 of 2017 (CCI). Re Lifestyle Equities C.V. v Amazon Seller Services Pvt. Ltd. 2020. Case No. 9 of 2020 (CCI). Meru Travel Solutions Pvt. Ltd. Uber India Systems Pvt. Ltd [2021] Case No. 96 of 2015 (CCI). Re: Vaibhav Mishra v Sppin India Pvt. Ltd. 2022. Case No. 1 of 2022 (CCI). Download references Author informationAuthors and affiliations. Xavier Law School, St. Xavier’s University, Kolkata, India Anuradha Roy Chowdhury You can also search for this author in PubMed Google Scholar Corresponding authorCorrespondence to Anuradha Roy Chowdhury . Ethics declarationsConflict of interest, additional information, publisher's note. Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Rights and permissionsSpringer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law. Reprints and permissions About this articleRoy Chowdhury, A. The Use of Competition Law as a Mechanism of Corporate Governance in India. Liverpool Law Rev 45 , 49–72 (2024). https://doi.org/10.1007/s10991-023-09328-8 Download citation Accepted : 25 May 2023 Published : 04 August 2023 Issue Date : April 2024 DOI : https://doi.org/10.1007/s10991-023-09328-8 Share this articleAnyone you share the following link with will be able to read this content: Sorry, a shareable link is not currently available for this article. Provided by the Springer Nature SharedIt content-sharing initiative
Systematizing Fairplay – Key Issues in the Indian Competition Law RegimeA case for revamping the extant competition law regime in India Summary: The report identifies key structural and procedural issues with the present competition law framework in India and recommends action points to the Government and the Competition Commission of India. Since the enactment of the Competition Act, 2002 (‘Competition Act’), the business milieu has changed considerably globally and in India. More and more businesses are now being run in the virtual world and newer models of business exist now which would have been inconceivable a decade ago. The pace of innovation in high-technology disruptive markets has also presented unique problems for competition law by challenging the traditional understanding of concepts such as ‘market’, ‘monopoly’, ‘dominance’, and ‘agreement’. Another cause for concern is the current trend of creation of silos among regulators in India, wherein each regulator, be it the Competition Commission of India (CCI) or the Telecom Regulatory Authority of India (TRAI’), unilaterally attempts to regulate enterprises in its domain. Lack of compliance with due process and principles of natural justice during investigation and decision-making by the Director General (DG) and the CCI has also been highlighted as one of the shortcomings of the present regime. To compound matters, the rapid pace of modern business has made timely adjudication of cases non-negotiable for the competition law framework to remain relevant. Given the intertwined relationship of competition law and the markets, in order for the law to remain relevant, it is imperative that it develops in line with market realities and revamps from time to time. Vidhi’s report ‘ Systematizing Fairplay – Key Issues in the Indian Competition Law Regime ‘ outlines key issues in the competition law regime in India that need to be addressed. The report also includes a snapshot of international best practice and key action points recommended for fairer competition law in India. Revisiting CCI’s regulation-making powerRegulations framed by an authority in the exercise of powers granted by the enabling statute are a widely accepted form of delegated legislation. Several regulations have been framed by the CCI as well, in exercise of the powers conferred by the Competition Act. However, a close scrutiny of the content of these regulations would reveal that, in certain cases, the limits of permissible delegation of legislative power are not adhered to. For example, the CCI (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (‘Combinations Regulations’) exempt several transactions from the mandatory prior notification requirement under merger control provisions of the Competition Act. Neither is there any specific provision in the Competition Act that empowers the CCI to exempt combinations nor has any guidance been provided by the legislature for exercise of such power by CCI. It may be argued that in light of the above, these regulations are not a valid form of delegated legislation and are susceptible to a challenge to their constitutional validity. Compliance with Due Process of Law by the CCI and DGEven a brief analysis of competition law jurisprudence demonstrates several instances where the Competition Appellate Tribunal (COMPAT) has noted non-compliance of principles of natural justice by the CCI and the DG. Examples include lack of a fair hearing to parties, failure to meet quorum requirements while passing orders, and abuse of search and seizure powers by the DG. For instance, in the Cement Cartel case ( COMPAT Order dated December 11, 2015 in Appeal no.105 of 2012 ) the Chairperson of the CCI became a party to the final order that imposed penalties of hefty amounts without being a part of the quorum which heard the arguments of the parties. To avoid such situations, in several jurisdictions overseas, the procedure to be followed during investigation and proceedings of competition authorities are laid down in detail. Eventually, confidence of the business community in competition law enforcement in India will erode if the CCI and the DG are perceived to be arbitrary in their approach with no regard to compliance with principles of natural justice and due procedure. Overload on the office of the DG and need for the CCI to exercise discretion in ordering investigationsData provided in the Annual Reports of the CCI demonstrate that contravention of the Competition Act was found in only about 50% of the cases ordered to be investigated by the CCI regarding violation of section 3 (anti-competitive agreements) and section 4 (abuse of dominance) of the Competition Act. Studies suggest that unwarranted investigations by the DG have an adverse effect on businesses as they impair the reputation and prospects of a company even though it may be ultimately exonerated. The United Kingdom (UK) has adopted the ‘Prioritisation Principles’ of the Competition and Markets Authority (CMA) to deal with the issue of burgeoning caseload on competition authorities. The Prioritisation Principles ensure that the CMA only investigates such complaints which would directly or indirectly affect UK’s desired competition law outcomes or are strategically significant or there is likelihood of a successful outcome within available resources. India must consider formulating similar principles to avoid wasting its limited regulatory bandwidth. Additionally, the CCI must record reasons in writing for ordering investigations by the DG. With respect to the DG, its office must be adequately staffed with experienced persons. Time, resources and reputation of businesses must not indented without concrete reasons for doing so. Issues at the appellate stageThe Competition Act has a six-month indicative timeline for disposal of appeals. However, figures in the Annual Reports of the CCI suggest that over 46% cases remain pending with the appellate authority for over a year. None of the relevant rules or regulations, including the CCI (General) Regulations, 2009, the Competition Appellate Tribunal (Form and Fee for Filing an Appeal and Fee for Filing Compensation Applications), Rules 2009 and the Competition Appellate Tribunal (Procedure) Regulations, 2011 provide stage-wise timelines for the appellate process. The Companies Act , 2013 (Companies Act) and the rules thereunder require the NCLAT to make every endeavour to dispose an appeal within three months from the date of filling but do not provide any indicative stage-wise timelines to dispose appeals. Moreover, unlike certain jurisdictions such as the UK and Singapore, there is no requirement in India for either the NCLAT or the CCI to conduct case management conferences which are known to maximise efficiency. In fact, the NCLAT was originally envisaged as an appellate authority for only company law related appeals. Accordingly, section 411(3) of the Companies Act which provides for qualifications of a technical member of the NCLAT does not require her to possess expertise in competition law and policy or economics. Unsurprisingly, the profile of the present NCLAT members (as provided on NCLAT’s website) indicates that there is no technical member who has prior experience in the domain of competition law and economics. In this regard, reference may be made to the 272 nd Report of the Law Commission of India which has recommended that ‘appointments to specialised tribunals should comprise of persons of proven ability, integrity and standing having special knowledge and professional experience or expertise of not less than fifteen years in the particular field ‘. Further, while the maximum permissible strength of the NCLAT is 11 members, it currently comprises only three members. Considering that the NCLAT is the appellate authority for the purposes of the Companies Act, the Insolvency and Insolvency and Bankruptcy Code, 2016 and the Competition Act, there is an urgent need to appoint more members to ensure that the volume of appeals pending before the NCLAT does not spiral into an untameable problem as has been the experience with several other tribunals in India such as the Customs, Excise and Service Tax Appellate Tribunals (CESTATs) and Debt Recovery Tribunals (DRTs). Interface with other sectoral regulatorsThe interface between competition policy and sector-specific regulation poses complex questions, particularly concerning the jurisdictional mandate for competition law issues. There have been several instances of turf conflicts between the CCI and various regulators and forum shopping by plaintiffs, stemming from a lack of clarity with respect to a delineation of roles and responsibilities between the CCI and sectoral regulators. To homogenise decision making, it must be made mandatory for regulators to employ the cooperation/ consultation mechanism by necessary amendments to the Competition Act and sectoral laws. Moreover, following the example of the UK Enterprise Reform Act, the Central Government can lay down conclusively which regulator shall have primary jurisdiction in competition law matters in case of concurrent powers. Clarifying role of the CCI and sectoral regulators in competition law matters will prevent contradictory views being pronounced by various regulators and the resultant forum shopping. Technology and competition lawRecent large scale mergers, particularly the Facebook/WhatsApp merger have encouraged discussions regarding the competition law impact of gaining control over ‘big data’ and its treatment as an asset in determining market power. Further, it has been observed that there is the risk that some algorithms with powerful predictive capacity will be able to collude and control markets without the need for any human intervention. In order to maintain competitive markets there must be periodic analysis and overhaul of competition law in the context of technological advances that have not been envisaged while formulating the law in its original form. The importance of conducting market studies to understand the effects of these technological developments on the Indian competition landscape cannot be over-emphasised in this regard. Efforts must also be made to build technical expertise among the competition law authorities by engaging expert advisors, participating in industry-wide coordinative processes and training exercises. Filed Under
About the AuthorsVedika was a Senior Resident Fellow and led Vidhi’s work in the field of Competition Law. She also led projects commissioned by various ministries in diverse areas including domestic and cross-border insolvency and company law for the Corporate Law and Financial Regulation team at Vidhi. Vedika completed her B.A. LL.B. (Hons.) from Gujarat National Law University in 2011 and an MCL from University of Cambridge in 2014. Shehnaz is Senior Resident Fellow and Lead, ALTR. She works on emerging areas of policy and law on the intersection of finance, technology, and inclusion. At Vidhi, she has worked with several Ministries of the Government of India on matters relating to digital payments, financial regulation, commercial laws and business and human rights. Her independent research at Vidhi focuses on leveraging technological solutions to build a robust and inclusive financial system for all in India. Prior to joining Vidhi, she worked as an associate at the Financial Regulatory Practice at Cyril Amarchand Mangaldas, Mumbai where her work focused on advising leading financial institutions (both Indian and multinational), including payment systems on legal and regulatory issues in India. She has also involved in several mergers and acquisitions in the financial space. She has also worked as an associate at the Dispute Resolution team at JSA, New Delhi. She writes frequently for the Oxford Business Law Blog and media outlets such as Hindu BusinessLine,Financial Express, MoneyControl, FirstPost, etc. She graduated from RML National Law University in 2011. Param was a Research Fellow at Vidhi. Debanshu is one of Vidhi’s Co-Founders. He has over a decade of experience in commercial laws and the financial sector and has advised the Government of India on several legislative projects in this space. He was instrumental in advising the Government on the design and drafting of the Insolvency and Bankruptcy Code and its subsequent implementation. He has developed and curated Vidhi’s work on insolvency law, corporate law, financial regulation, and competition law and conceptualized its Bankruptcy Research Program. He has served as a member of a Government-appointed committee for operationalizing the National Company Law Tribunal and deposed before two Parliamentary committees examining financial sector legislation. He has also worked as a teaching fellow at Harvard Law School. He is an alumnus of the Harvard Law School, the University of Oxford, and Hidayatullah National Law University. He attended Harvard as a Fulbright Scholar and was awarded the Irving Oberman Memorial Prize in Bankruptcy and the Dean’s scholar prize in Corporations. He was also awarded a Distinction for his graduate studies at Oxford. In 2017, he was selected for NYU School of Law’s Hauser Global Scholarship, which he waived. His academic work has been published in peer-reviewed journals and an edited book published by Cambridge University Press, New York. He has been consulted by and mentioned in global business publications, such as IFR Asia and The Economist. Earlier, Debanshu practiced as an M&A and regulatory lawyer with AZB & Partners at its Mumbai and New Delhi offices. Ritwika is a Senior Resident Fellow and Lead at Charkha, Vidhi’s Constitutional Law Centre. Her current research is focused on comparative federalism, local governments, and electoral reforms. From 2014-17, Ritwika was a Research Fellow in the Public Law vertical at Vidhi. She advised several departments and regulatory authorities under the Government of India, on questions concerning constitutional validity of proposed legislation, legislative competence of the Union and states, and contours of the powers and functions of regulators. Ritwika also assisted the Union of India in preparing its written submissions in the National Judicial Appointments Commission (NJAC) Case. Between 2019-2020, Ritwika worked as a Research Associate at DAKSH, Bengaluru. She obtained her LL.M. from the University of Cambridge in 2018. She graduated with a B.A. LL.B. (Hons.)) from the Indraprastha University, Delhi in 2013, and the LL.M. from the NALSAR University of Law, Hyderabad in 2014. Ritwika is the co-editor of “Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence” (Oxford University Press, 2018), a volume of essays addressing the politics, doctrine, and crucial developments pertaining to judicial appointments in India. Related Articles
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Register now for your free, tailored, daily legal newsfeed service.Find out more about Lexology or get in touch by visiting our About page. Competition law in India - 2021, a year in reviewThe year 2021 has been quite enriching for the competition law regime in India with multiple investigations ordered into varied sectors such as technology, sports, cinema and automobile. The year ended with the Competition Commission of India (“ CCI ") directing an investigation into allegations of abuse of dominance by Apple in the market for app stores for iOS in India. [1] In addition to the investigations, the CCI has also imposed penalties worth millions of dollars on entities violating the Competition Act, 2002 (“ Act ”). This is particularly commendable as the CCI nimbly adapted to the changes necessitated by COVID-19 pandemic (“ pandemic ”), such as e-filings and virtual mode of hearings, and simultaneously regulated the competition landscape of the country pro-actively. Several steps were taken by the CCI during the year 2020 which are still in force with minor alterations. Despite the unpredictable changes it had to make, the CCI only tightened the noose on antitrust violators in the year 2021, as is evident from the data below:
In addition to enforcement orders, the CCI has also approved 57 combinations in the past year. This shows the high level of M&A activity in the country. In this article, from the large number of orders passed as an ex-post enforcer, we will briefly discuss the major highlights of the year gone by. Antitrust Enforcement at a glance The CCI’s stance on cartel and changing penalty trend Cartel enforcement by the CCI showed an interesting trend where the level of scrutiny of cartelists remained as intense as always. Since the onset of the pandemic in 2020, the CCI has exhibited an empathetic approach and refrained from penalising MSMEs in five cases and closed the cases with cease-and-desist orders. [2] On the contrary, the CCI did not show any restraint in penalising large corporations as was seen in the case of the beer industry where 3 beer companies and the All India Brewers’ Association (“ Association ”) was imposed with a cumulative penalty of approximately INR 871 crore (USD 116 million approx.) for collusion in relation to the supply and sale of beer in India. [3] Interestingly, the case was started based on a whistle-blower’s application. The penalty order has been stayed by the National Company Law Appellate Tribunal (“ NCLAT ”) on appeal. [4] In the paper manufacturing industry, despite noting the economic downturn caused by pandemic, a symbolic penalty of INR 5 lakh was imposed on each party for cartelisation in fixing prices of writing and printing paper. [5] It is nevertheless important to note that the lenient approach might only be an exception that the CCI is making in the wake of the pandemic or other mitigating factors, having regard to the facts and circumstances of each case. Moreover, waiver of penalty is not a right of parties but discretion of the CCI. This is bolstered by the CCI penalising parties, albeit nominally for bid rigging in tenders floated by GAIL (India) Limited, despite their deplorable condition [6] The CCI also ordered the associations of Tamil and Telugu film producers to cease and desist from limiting and controlling the production, supply and provision of services etc. in Tamil cinema by way of strike and boycott calls. [7] However, no penalty was imposed having regard to the nature and duration of the conduct. Vertical restraints In the second case of Resale Price Maintenance (“ RPM ”) [8] violation in India, Maruti Suzuki India Limited was penalised a hefty amount of INR 200 Crore by the CCI, for setting a minimum price at which their cars could be sold. [9] . The penalty-order, however, has been stayed by the NCLAT. [10] In automobile sector, the CCI previously directed an investigation against Tata Motors Ltd. for coercing dealers to stock vehicles as directed and restricting them from indulging in any other business, thereby abusing its dominance in the market for manufacture and sale of commercial vehicles in India. [11] Recently, the CCI also rejected a request for granting an interim relief in this case. [12] Recently, the CCI has also directed an investigation in the cinema industry for vertical restraints such as exclusive supply, refusal to deal and tie-in arrangements by Digital Cinema Equipment (“ DCE ”) suppliers. [13] Abuse of dominance across sectors In the technology sector, the CCI is investigating Google for anti-competitive vertical agreements and abuse of its dominance by imposing restrictive obligations in its contracts with smart TV and mobile original equipment manufacturers, in the market for licensable smart television device operating system in India. [14] Investigation has also been directed against WhatsApp [15] for exploitative and exclusionary conduct in garb of policy update, and Apple for abuse of dominance in the market for app stores for iOS in India. [16] The CCI has also launched investigations into the sports sector for abuse of dominance by various apex sports associations. The investigations pertain to the markets for organization of baseball matches [17] and table tennis matches [18] . Both the cases involved the apex associations restricting their respective players from participating in tournaments organized by unrecognized bodies. The CCI in the baseball case has also issued an interim order restricting the apex association from threatening players or issuing directions to its affiliated associations in order to dissuade players from taking part in events organised by unrecognized bodies. [19] It is notable that the CCI which has until 2021 issued interim orders only four times [20] , issued 3 interim orders in 2021 itself. [21] The CCI also found abuse of dominance by Grasim Industries Limited in the market for supply of viscose staple fibre to spinners in India and ordered it to cease and desist from charging discriminatory prices to its customers, denying market access and imposing supplementary obligations upon its customers. [22] However, no penalty was imposed since a penalty worth INR 301.61 crores, for similar conduct in a similar period had already been imposed in a previous order. As noted above, the year 2021 was extremely busy for the competition regulator in India and was marked by a large number of investigations, penalty orders, interim orders and dawn raids etc. A major shift in the CCI’s enforcement trend was witnessed in relation to interim measures. An increased understanding of market realities and practical difficulties, like long gap between the initiation of an investigation and passing of the final order, probably led to CCI’s increased use of interim measures for aggrieved parties. During 2021, the CCI also conducted market studies in the telecom [23] and the pharmaceutical sectors [24] . A discussion paper on blockchain technology and competition was also released pre-empting the potential concerns that may arise in this novel frontier. [25] The market studies and the discussion paper are welcome moves as it shows the commitment of the CCI towards understanding new-age markets. The regulatory vigour as noted above coupled with legislative changes like the three amendments to various regulations of CCI this year [26] and the expected changes to the Act with the Draft Competition Amendment Bill, 2020 [27] , potentially the first amendment to the Act since its coming into force in 2009, are welcome signs of India transforming into a mature competition law jurisdiction. Filed under
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10 Important Judgments on Competition Law by Indian Courts in 20232023 has been an important year in the development of competition law jurisprudence in India. While the Competition Commission of India ( CCI ) remained inquorate for a substantial part of the year, the Supreme Court of India ( Supreme Court ), the High Courts, and the National Company Law Appellate Tribunal ( NCLAT ) (the appellate authority of the CCI) pronounced a number of judgments that impact the jurisdiction and functioning of the CCI, and address contentious issues within the Indian competition law framework. These key decisions are summarised below. 1. Coal India Ltd & Anr. v. Competition Commission of India & Another (Supreme Court – June 2023) - Competition Act is applicable to State-owned monopolies. After a ten-year legal battle between Coal India Ltd ( CIL ) and the CCI on its jurisdiction to examine the conduct of State-owned monopolies, the Supreme Court held that the provisions of the Competition Act, 2002 ( Competition Act ) apply to CIL and similar public sector undertakings. The Supreme Court decision clarified that the Competition Act is applicable to all government companies and statutory monopolies that operate to further “common good” under the Constitution of India. Given the Supreme Court’s decision, the CCI’s jurisdiction to investigate and take measures against statutory monopolies similar to CIL in abuse of dominance cases has been confirmed. 2. Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India & Another (Delhi High Court – July 2023) – Patents Act, 1970 is a code in itself and prevails over the provisions of the Competition Act A division bench of the Delhi High Court held that disputes relating to allegations of anticompetitive conduct in the licensing of patents cannot be examined under the Competition Act and should be examined under the Patents Act, 1970. This decision has effectively barred the jurisdiction of the CCI in examining disputes relating to the licensing of patents. Previously, a licensee could approach the CCI impugning terms and conditions in licensing agreements which potentially violated the provisions of the Competition Act. Now, a licensee will have to approach the Controller of Patents on all issues relating to alleged unreasonable conditions in patent license agreements, including allegations of anticompetitive conduct. The CCI has appealed the Delhi High Court’s decision before the Supreme Court. However, the appeal is yet to be admitted. 3. Institute of Chartered Accounts of India v. Competition Commission of India & Others (Delhi High Court – June 2023) – The CCI does not have the jurisdiction to examine decisions of other statutory regulators The Delhi High Court held that the CCI does not have jurisdiction to examine the decisions of other statutory regulators taken by them in exercise of their regulatory functions, with no interface with trade or commerce. The Delhi High Court also held that the Competition Act does not contemplate the CCI acting as an appellate court or a grievance redressal forum against decisions of statutory bodies, which are taken in exercise of their statutory powers. The Delhi High Court decision creates an important exception for statutory regulators / bodies from the CCI’s scrutiny, even if their decisions may create anticompetitive effects. No appeal has been filed against this decision as on the date of writing this article. 4. Google India Pvt. Ltd v. Matrimony.com Ltd (Madras High Court – August 2023) – Civil Courts’ jurisdiction is ousted by the Competition Act in abuse of dominance cases Several parties approached the Madras High Court under its civil jurisdiction seeking a declaration that the terms and conditions imposed by a dominant entity in a commercial agreement were illegal and unenforceable. Rejecting the plaint, the Madras High Court held that Section 61 of the Competition Act expressly bars the jurisdiction of civil courts from entertaining suits based on the cause of action relating to the abuse of a dominant position by an enterprise. The Madras High Court further held that even though civil courts are empowered to go into the question of unconscionable nature of agreements entered between parties of unequal bargaining power under the Indian Contract Act, 1872 ( ICA ) the Competition Act, being a special law, will prevail over the ICA. This decision is significant as it upholds the jurisdiction of the CCI to examine the conduct of dominant enterprises under Section 4 of the Competition Act. The decision is currently pending in appeal before the division bench of the Madras High Court. 5. Alliance of Digital India Foundation v. Competition Commission of India & Others (Delhi High Court – April 2023) – Mere defect or vacancy in the constitution of the CCI does not impede its jurisdiction to adjudicate complaints or any other proceedings pending before it The Delhi High Court held that the CCI could continue its adjudicatory process even in the absence of a coram of three members. The decision notes that a mere defect or vacancy in the constitution of the CCI would not invalidate the proceedings before it. Prior to the pronouncement of the judgment, the CCI was unable to issue orders for a period of approximately six months due to being inquorate. In February 2023, the Ministry of Corporate Affairs, Government of India allowed the CCI to invoke the “ doctrine of necessity ” to examine combinations under its merger control mandate to clear the backlog of transactions awaiting approval. However, no such direction was seemingly provided for adjudication of pending enforcement cases. When a party approached the Delhi High Court seeking directions to the CCI to act on its complaints and provide interim relief, the Court examined various provisions of the Competition Act and noted a distinction between administrative functions (where the Court held that quorum requirements may apply) and adjudicatory functions (where the Court held that there were no strict quorum requirements prescribed under the Competition Act). The High Court also appreciated that preventing the CCI from passing adjudicatory orders would effectively bring its functioning to a standstill which would go against the spirit of the Competition Act. This decision will ensure that the CCI continues to adjudicate enforcement cases (including urgent applications for interim relief) even if it is inquorate in the future, making sure that adjudication of cases is not halted due to a mere vacancy in the CCI’s coram . This decision was appealed before the division bench of the Delhi High Court. However, the appeal was subsequently withdrawn. 6. Ultratech Cement Ltd v. Competition Commission of India & Another (Delhi High Court – December 2023) – The CCI may allow impleadment of any party with “substantial interest” and “in public interest” The Delhi High Court ruled that the CCI has the power to implead any party to a competition proceeding at any stage provided it satisfies the two-fold test of ‘substantial interest’ and ‘public interest’ under Regulation 25 of the Competition Commission of India (General) Regulations, 2009. It further clarified that such an impleadment does not change the nature of proceedings as proceedings in personam but merely assists the CCI to conduct proceedings in a better and effective manner enabling it to reach an informed decision. This is one of the first decisions where the CCI allowed the impleadment of a party after the DG had concluded its investigation in the matter. The decision also provides much needed clarity regarding the test for impleadment to matters pending before the CCI for third parties who are interested in the outcome of the proceeding. The decision is currently pending in appeal before a division bench of the Delhi High Court. 7. Google LLC & Anr v Competition Commission of India & Others (NCLAT – March 2023) – The CCI must conduct an “effects analysis” for proving abuse of dominance under the Competition Act The NCLAT held that the CCI must conduct an “ effects analysis ” to prove that an entity has abused its dominant position in violation of Section 4 of the Competition Act. The test to be employed while conducting an “ effects analysis ” is to show whether the abusive conduct in question is anticompetitive. Notably, the NCLAT also held that the CCI cannot impose a behavioural remedy on a dominant enterprise unless there is a specific finding of abuse of dominance in relation to such conduct. The NCLAT’s decision is significant because the wording of Section 4 of the Competition Act does not expressly require the CCI to consider the anticompetitive effects of an impugned conduct to arrive at a finding of infringement. However, in contrast, the legislature has provided for such a stipulation when the CCI examines anticompetitive agreements under Section 3 of the Competition Act. The NCLAT’s decision marks an important shift in Indian competition law jurisprudence where previously, the CCI has found dominant entities to violate Section 4 of the Competition Act, irrespective of whether their conduct led to an anticompetitive effect in the market. There have also been instances of the CCI imposing positive behavioural remedies on dominant entities, without finding a specific finding of abuse in relation to such conduct. Given the NCLAT’s decision, the CCI will have to conduct a thorough examination of the anticompetitive effects of a dominant entity’s conduct, if any, to support a finding of infringement and prior to imposing any behavioural remedies on such entity in ongoing and future cases. The NCLAT’s decision is currently pending in appeal before the Supreme Court. However, no stay has been granted on the operation of the decision. 8. Consumer Unity & Trust Society v. Competition Commission of India & Others (NCLAT – August 2023) –Transactions exempt from merger review cannot be examined under the provisions concerning anticompetitive agreements or abuse of dominance The NCLAT clarified that the provisions relating to anticompetitive agreements or abuse of dominance cannot be invoked to investigate a transaction that is exempt from notification under the merger control provisions of the Competition Act. The decision provides clarity between the difference in the legal frameworks for horizontal agreements and mergers under the Competition Act (and how they operate in completely different fields). It further clarifies that while a merger between entities (which is exempt from notification to the CCI) cannot be examined by the CCI ex-ante under Section 3 and 4 of the Competition Act, the parties’ conduct can be scrutinised under these provisions ex-post (after the fact) if there is some evidence of violation of the Competition Act. This decision will ensure that mergers which are otherwise exempt from notification to the CCI are not halted by frivolous complaints and interim relief applications filed before the CCI alleging violations of Section 3 or 4 of the Competition Act. No appeal has been filed against this decision as on the date of writing this article. 9. The U.P. Glass Manufacturers Syndicate v. Competition Commission of India & Others (NCLAT - July 2023) – Third-parties do not always have a right to submit comments against combinations pending approval before the CCI The NCLAT held that third-parties are not entitled to submit comments / submissions against or in favour of combinations pending approval before the CCI, unless the CCI invites such comments or information. The NCLAT clarified that the public’s right of participation arises only when the CCI directs the parties to the combination to publish the details of the combination to bring the combination to the knowledge of the public and persons affected or likely to be affected. The NCLAT’s decision clarified that combination orders cannot be challenged by third-parties on the grounds of violation of principles of natural justice for failing to consider suggestions / objections by the public, unless the CCI has specifically directed the parties to publish the details of the combination and sought comments from the public. 10. Balrampur Chini Mills Limited v. Competition Commission of India & Others (NCLAT – October 2023) – One who hears should decide The NCLAT held that the composition of CCI members who hear final arguments in a matter must be part of the decision making and pronouncement of the final judgment. The appellant submitted that the CCI’s order was patently illegal since it was pronounced by a composition of three CCI members, whereas the final arguments were heard by a composition of six CCI members. The NCLAT broadly accepted the argument, and set aside the CCI’s order on the grounds that: (a) it was pronounced after an inordinate delay of thirteen months after the matter was heard; and (b) due to this inordinate delay, some of the members that heard final arguments in the matter had left office before the final order could be pronounced. This decision is significant considering that several cases during the inception years of the CCI were heard by a composition of different members, some of which are still pending in appeal. About the authors: Rohan Arora is a Partner and Shivek Sahai Endlaw is an Associate in the Competition Law Practice at Shardul Amarchand Mangaldas & Co, New Delhi. Disclaimer: The views expressed in this article are personal. They do not purport or reflect the opinions or views of SAM & Co or its members. 10 Important Judgments on Competition Law by Indian Courts in 2023 #Columns #CompetitionLaw #Courts https://t.co/YNVdhUq1ZU — Bar & Bench (@barandbench) January 10, 2024 Competition Law Research Paper TopicsThis page presents a comprehensive exploration of competition law research paper topics , designed to assist law students in their pursuit of academic excellence. As competition law continues to play a critical role in regulating market dynamics, students often face the challenge of choosing compelling research topics that reflect the evolving complexities of this field. Here, we highlight the diverse range of competition law research paper topics covered in this page, encompassing anti-competitive agreements, abuse of dominant market position, mergers and acquisitions, intellectual property issues, digital markets, international antitrust enforcement, consumer protection, public policy implications, and emerging issues in the digital era. Through this curated list of topics, students will gain insights into the multifaceted dimensions of competition law, fostering critical thinking and the ability to address real-world challenges in an ever-changing legal landscape. Whether investigating the intersection of competition law and technology or exploring the impact of global trade on market competition, this page aims to empower students with an array of research paper ideas to embark on their scholarly endeavors in competition law. 100 Competition Law Research Paper TopicsCompetition law is a dynamic and multifaceted field that addresses various issues related to market competition, monopolies, consumer welfare, and economic efficiency. As law students delve into this intricate domain, they often encounter the challenge of selecting compelling research paper topics that reflect the evolving complexities of competition law. To aid students in their academic journey, we present a comprehensive list of competition law research paper topics, carefully curated and divided into ten categories, each offering unique insights into the realm of market regulation and antitrust enforcement. Academic Writing, Editing, Proofreading, And Problem Solving ServicesGet 10% off with 24start discount code. Anti-competitive Agreements:
Abuse of Dominant Market Position:
Mergers and Acquisitions:
Intellectual Property and Competition Law:
Competition Law and Digital Markets:
International Antitrust Enforcement:
Consumer Protection and Competition Law:
Public Policy and Competition Law:
Emerging Issues in the Digital Era:
Case Studies in Competition Law:
In conclusion, this comprehensive list of competition law research paper topics offers a diverse and extensive range of areas for exploration in the dynamic field of antitrust regulation and market competition. From examining the implications of anti-competitive agreements to navigating the challenges of regulating digital markets, students will find ample opportunities to delve into complex legal issues and contribute to the ongoing evolution of competition law. By exploring these thought-provoking topics, students can enhance their critical thinking skills, develop a deeper understanding of legal complexities, and contribute to the advancement of competition law jurisprudence. This carefully curated collection aims to empower law students in their academic pursuits and inspire them to undertake impactful research in the realm of competition law. Competition Law: Exploring the Range of Research Paper TopicsCompetition law, also known as antitrust law in some jurisdictions, is a crucial area of legal study that aims to promote fair competition and prevent anti-competitive practices in the marketplace. It plays a vital role in maintaining a level playing field for businesses, safeguarding consumer interests, and fostering economic efficiency. As students of law venture into the realm of competition law, they are presented with a vast and ever-evolving landscape of legal issues to explore and analyze. This section delves into the multifaceted world of competition law research paper topics, highlighting key areas of interest and offering valuable insights to inspire law students in their academic pursuits. The Evolution of Competition Law To begin our exploration, it is essential to understand the historical development of competition law. Students can investigate the origins of antitrust regulation, examining landmark cases and legislative milestones that have shaped the field over time. They can explore how competition law has evolved to adapt to new economic challenges and technological advancements, such as the impact of globalization and the digital era on market competition. Theoretical Perspectives in Competition Law Competition law draws upon various economic theories to justify its existence and guide its application. Students can delve into different theoretical perspectives, such as the Chicago School of thought, the Harvard School, and the Post-Chicago School, and critically analyze their implications for antitrust policy and enforcement. This area of research allows students to explore the tensions between economic efficiency and consumer welfare, as well as the role of competition authorities in balancing competing objectives. Comparative Analysis of Competition Laws Conducting a comparative study of competition laws across different jurisdictions provides an enriching research opportunity. Students can compare and contrast the legal frameworks, enforcement approaches, and policy objectives of various countries, shedding light on the diversity of approaches to competition regulation and identifying potential areas of harmonization or cooperation in the global context. Market Definition and Dominance Assessment Defining relevant markets and assessing market dominance are critical steps in competition law analysis. Research papers in this area can explore the methodologies used by competition authorities to define markets, measure market power, and identify dominant firms. Students can examine the challenges of market definition in emerging sectors, such as digital markets and technology-driven industries. Anti-competitive Agreements The prohibition of anti-competitive agreements lies at the core of competition law. Students can investigate the different types of agreements, such as cartels, price-fixing arrangements, and bid-rigging, and explore the legal and economic consequences of such collusive practices. Research papers may delve into leniency programs, the role of whistleblowers, and the use of technology in detecting and prosecuting anti-competitive agreements. Abuse of Dominant Market Position Analyzing cases of market dominance and abuse is an area of significant interest in competition law research. Students can examine the factors that contribute to market power, such as barriers to entry, network effects, and economies of scale, and explore how dominant firms may engage in exclusionary conduct to maintain or strengthen their position in the market. This research can include the examination of cases involving monopolization, predatory pricing, and refusal to deal. Merger Control and Consolidation Mergers and acquisitions have the potential to impact market competition significantly. Research papers in this area can focus on the effectiveness of merger control regulations in preventing anti-competitive consolidation, the role of economic analysis in merger reviews, and the challenges of regulating cross-border mergers. Students can explore the factors considered by competition authorities when evaluating the competitive effects of mergers and the design of remedies to address potential anti-competitive concerns. Competition Law Enforcement in the Digital Age As the world becomes increasingly digitalized, competition law faces new challenges in addressing the unique issues arising in the digital marketplace. Students can investigate the role of competition law in regulating online platforms, data-driven markets, and the use of algorithms. They may examine the complexities of applying traditional competition principles to the digital economy and consider the role of big data, artificial intelligence, and machine learning in competition enforcement. Sector-Specific Competition Law Competition law is often tailored to address specific industries or sectors. Students can explore sector-specific competition regulations, such as competition law in the healthcare industry, telecommunications, financial services, or energy markets. This research allows for an in-depth examination of the particular challenges and policy objectives that arise in different sectors and how competition law can be adapted to address sector-specific issues. Competition Policy and Public Interest Considerations Competition law enforcement is not only about promoting efficiency and consumer welfare but also involves considerations of public interest and broader societal objectives. Students can delve into the interface between competition law and public policy, examining cases where competition enforcement has been influenced by non-economic concerns, such as environmental protection, access to essential services, or cultural preservation. The realm of competition law research offers a vast landscape of compelling topics that reflect the intricacies of market regulation, antitrust enforcement, and consumer protection. As law students engage in exploring these research paper topics, they embark on a journey to understand the complexities and significance of competition law in shaping the competitive dynamics of modern economies. Through their scholarly pursuits, students not only contribute to the academic discourse but also play a crucial role in advancing the field of competition law and its impact on society and economic welfare. How to Choose Competition Law Research Paper TopicsSelecting a research paper topic is a crucial step in the academic journey of law students. The field of competition law offers a diverse range of fascinating and relevant issues for exploration, making the process of choosing the right research topic both exciting and challenging. This section provides valuable insights and practical tips to help students navigate the process of selecting compelling and well-defined competition law research paper topics that align with their interests, expertise, and academic goals.
Selecting the right competition law research paper topic is a critical step in producing a compelling and impactful academic work. By identifying your interests, conducting thorough research, defining your objectives, and considering practical implications, you can narrow down your choices and choose a topic that aligns with your academic goals and contributes meaningfully to the field of competition law. Remember to seek guidance from faculty and peers, access credible resources, and stay open to exploration as you embark on your research journey. How to Write a Competition Law Research PaperWriting a competition law research paper requires a systematic approach that combines legal analysis, economic insights, and critical thinking. As law students delve into the complexities of competition law, they must effectively communicate their findings and arguments in a well-structured and coherent manner. This section provides valuable guidance on how to write a compelling competition law research paper, from planning and conducting research to structuring the paper and presenting the analysis effectively.
Writing a competition law research paper requires a rigorous approach that integrates legal analysis, economic insights, and scholarly research. By defining a clear research question, conducting thorough research, and structuring your paper effectively, you can craft a compelling and impactful research paper that contributes to the vibrant field of competition law. Through careful writing and presentation of your analysis, you can convey your expertise, critical thinking, and understanding of complex legal issues to your readers. iResearchNet’s Custom Research Paper Writing ServicesAt iResearchNet, we understand the challenges that law students face when tasked with writing a competition law research paper. The field of competition law is dynamic and complex, requiring a deep understanding of legal principles, economic theories, and real-world applications. We recognize the importance of producing high-quality research papers that not only meet academic standards but also contribute to the advancement of competition law knowledge. To support students in their academic journey, we offer custom competition law research paper writing services that cater to their unique needs and requirements.
At iResearchNet, we are dedicated to supporting law students in their academic pursuits by offering custom competition law research paper writing services that cater to their unique needs. Our team of expert writers, commitment to quality, and personalized approach ensure that each research paper is crafted to the highest academic standards and contributes to the advancement of competition law knowledge. With our reliable and efficient services, students can confidently embark on their competition law journey, knowing that they have a trusted partner in iResearchNet. Unleash the Potential of Your Research with iResearchNetAre you a law student looking to excel in the field of competition law research? Do you find yourself grappling with complex legal principles and economic concepts while writing your competition law research paper? Look no further! iResearchNet is here to empower your academic journey and unleash the full potential of your competition law research. Unleash the potential of your competition law research with iResearchNet’s custom research paper writing services. Our expert guidance, personalized approach, and commitment to quality empower you to excel in your academic pursuits. Let us be your trusted partner in navigating the complexities of competition law and crafting research papers that leave a lasting impact. Take the next step in your competition law journey with iResearchNet, and watch your academic achievements soar to new heights. Get started today and experience the difference! ORDER HIGH QUALITY CUSTOM PAPER
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Competition Commission of India Journal on Competition Law and Policy Vol.1 December 2020 ISSN 2582 - 838X. Fair Competition for Greater Good ... Research Papers 1. Abuse of Dominance in Digital Platforms: An Analysis of Indian Competition Jurisprudence Dr. Tilottama Raychaudhuri 01 2. Big Data Mergers: Bridging the Gap for an Effective Merger
Competition Law in India 1 1. Introduction A vibrant and effective competition law framework is essential for the growth of any economy. It helps in regulating a fair market, devoid of any anti-competitive practices that cause harm to the customers as well as the businesses. Competition law is an essential tool to maintain balance in the markets
The latest competition legislation of India is a civil legis-lation and mandates the Commission to abide by the principles of natural justice.16 Cartels and bid rigging are the most pernicious anti-competitive practices, yet the law stipulates a rebuttable presumption regime in favour of the respondents.
Competition law is a relatively new area of interdisciplinary research concerning law, economics, and finance. With the publication of this journal, the Commission hopes to stimulate rigorous research and informed debate on contemporary issues in the field and apply the results for enforcement and advocacy.
ABSTRACT. Competition law is an economics-based law designed to regulate anti-competitive conduct of market participants. This article examines the economic circumstances in which India acquired its modern competition law and evaluates the sufficiency of this law for recent developments in India's digital economy.
Indian Competition Law Review (ICLR) is a biannual, peer-reviewed journal published by the National Law University, Jodhpur. The Centre for Competition Law and Policy (CCLP) assists in the process of publication of the same. The Indian Competition Law Review was launched in 2014. This journal serves as a platform for understanding existing ...
Can adoption of an antitrust/competition law substitute for a formal competition policy that lays down principles for reforming other government policies that affect competition? We address this question in the context of India, which has a track record of antitrust enforcement as well as a history of extensive controls over the private sector and domination of key sectors by state owned firms ...
Competition Commission of India Journal on Competition Law and Policy Competition law is a relatively new area of interdisciplinary research concerning law, economics, and finance. With the publication of this journal, the Commission hopes to stimulate rigorous research and informed debate on contemporary issues in the field and apply the ...
The journal aims to encourage research and debate on contemporary issues in the field of competition law to develop a better understanding of competition issues relevant to the Indian context and draw inferences for the implementation of competition law in India. The journal covers a wide range of themes.
Competitiveness is a key requirement for modern companies to survive. Effective corporate governance practices are also fast emerging as a fundamental obligation owed to shareholders and other stakeholders. The connection between competition and good corporate governance is derived from the product market competition hypothesis (PMCH) that projects the idea that operating in competitive ...
A diagrammatic overview of the key developments in the competition law sphere in India is given below: 1. INTRODUCTION. 1.1 The year 2022 has been the year of rebuilding the post pandemic economy ...
by Legal Blogger. research paper topics on competition law in India: 1. "Antitrust Enforcement in India: A Comparative Study with Global Practices". 2. "Cartels and Collusion: Challenges in Detecting and Prosecuting Cartel Activities in India". 3. "The Role of the Competition Commission of India (CCI) in Regulating Market Competition ...
Since the enactment of the Competition Act, 2002 ('Competition Act'), the business milieu has changed considerably globally and in India. More and more businesses are now being run in the virtual world and newer models of business exist now which would have been inconceivable a decade ago. The pace of innovation in high-technology disruptive markets […]
India January 31 2022. The year 2021 has been quite enriching for the competition law regime in India with multiple investigations ordered into varied sectors such as technology, sports, cinema ...
Indian Competition Act, 2002 empowers the Competition Commission of India (CCI) with regulatory powers and the National Company Law Appellate Tribunal (NCLAT) with the quasi-judicial powers over ...
With the notification of §§43A and 44 of the Competition Act, 2002 the com-petition law of India comes into full force nearly a decade after its incep-tion. Within this decade of evolution, competition law and policy in India has seen an active interpretational exercise. This paper seeks to summarize the evolution of competition law and ...
Shamim Mondal is a faculty member at Alliance Business School with research interests in labour economics, competition, etc. ... The economic growth slows and nations remain poor.26,27 It is in this milieu that Competition Law of India is situated and hence its ... 90 The Toolkit is arranged into 11 chapters covering the following topics: (1 ...
Shodhganga. The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. The Competition law is meant to preserve and promote competition, as a means to ensure efficient allocation of resources in an economy, resulting in the best ...
1. Coal India Ltd & Anr. v. Competition Commission of India & Another (Supreme Court - June 2023) - Competition Act is applicable to State-owned monopolies. After a ten-year legal battle between Coal India Ltd (CIL) and the CCI on its jurisdiction to examine the conduct of State-owned monopolies, the Supreme Court held that the provisions of ...
ITION LAW: AN EU AND INDIA ANAYLSISReeti Agarwal & Rishi Raju AbstractIntellectual Property Rights (IPR) and Competition Law are two regimes of law that are bound together by the economics of innovation and market by intricate legal rules that seek to provide balance between protecting a. d fostering innovation and preventing distortions in the ...
The Competition Commission of India (Commission) has been established under the Competition Act, 2002 1 (the Act) to prevent practices having adverse effect on competition, to promote and sustain competition in Indian markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in ...
100 Competition Law Research Paper Topics. Competition law is a dynamic and multifaceted field that addresses various issues related to market competition, monopolies, consumer welfare, and economic efficiency. As law students delve into this intricate domain, they often encounter the challenge of selecting compelling research paper topics that ...
In cases pertaining to agreements and. abuse of dominance, Section 27 (b) of Competition. Act 2002 caps the penalty of such behaviour to 10 per. cent of the average of the turnover for the last ...
Denmark: How the Competition Authority builds on EU law and focuses on cutting-edge sectors Featured in Europe, Middle East and Africa Antitrust Review 2025; How the interplay between competition and privacy law is affecting online advertising Featured in Data & Antitrust Guide - First Edition; Mexico: Increasing convergence between data and ...
The Impact of Mergers and Acquisitions on the Competition of... [2024] 162 taxmann.com 562 (Article) - Eshti Kapoor. New Competition Law Regime in India. [2024] 162 taxmann.com 540 (Article) - Madhukar Pandey, Kanishka Pandey. Air India & Vistara: A Merger Control Failure.
Hi everyone, I am a 4th-year student pursuing my B.A. LL.B. (Hons.) from SLSP, and have developed a deep interest in competition law. I would say that I am good at academics and have a decent profile to land a T2, if not a T1, internship; however, I am unable to get the same as the replies from firms rarely arrive.