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B.A. LL.B. (Five Years) Sem 9 Competition Law 2024 Aug Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Competition Law

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 9

2024 Aug Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2024 Aug examination.

The Paper as Set

The questions in this volume are the questions asked at the 2024 Aug examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 80 · 20 questions answered

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Read the original question paper

Q1

Unit I

(a)Explain the background and objectives of regulation of trade in India.[10]

Answer

For full marks, cover: what "regulation of trade" means; Part I, the background in four phases: the colonial and early independence period, the planned and licensed economy with the MRTP Act, 1969, the 1991 reforms and the WTO, and the Competition Act, 2002 era; Part II, the objectives: preventing concentration, keeping markets competitive, protecting consumers, ensuring freedom of trade, protecting smaller enterprises, efficiency and growth, and protecting public procurement; cases (Haridas Exports v. All India Float Glass Mfrs. Association, Competition Commission of India v. Co-ordination Committee of Artistes and Technicians of W.B. Film and Television, Excel Crop Care Ltd. v. Competition Commission of India); a table.

Meaning

Regulation of trade means the rules by which the State controls how goods and services are produced, priced, supplied and sold. It ranges from licensing and price control to competition law and consumer law. Its form in India has changed with the country's economic policy.

Part I: Background

1. Colonial period and independence. Trade was largely unregulated, apart from tariffs and wartime controls on essential goods. The Constitution of 1950 protected the freedom of trade (Article 19(1)(g) and Article 301). It also directed the State to prevent concentration of wealth (Article 39(c)).

2. The planned economy (1950s to 1980s). India chose central planning. The Industries (Development and Regulation) Act, 1951 required licences to set up or expand industries. The Essential Commodities Act, 1955 allowed control of prices and supply. Licensing favoured large business houses, and the Monopolies Inquiry Commission reported on this concentration on 31 October 1965. Parliament then enacted the MRTP Act, 1969 to prevent "the concentration of economic power to the common detriment" and to curb monopolistic and restrictive trade practices. Unfair trade practices were added in 1984.

3. Liberalisation (from 1991). The 1991 reforms removed most industrial licensing and opened the economy to foreign investment and imports. They also dropped the MRTP Act's controls on the size of firms. India became a founding member of the World Trade Organization in 1995, which required lower trade barriers. Markets were now opened to competition, and the State had to make sure firms did not close them again privately.

4. The competition law era. The Raghavan Committee reported in May 2000 that the MRTP Act was out of date. The Competition Act, 2002 replaced it, with enforcement beginning in 2009 and merger control in 2011. Unfair trade practices moved to consumer law, now the Consumer Protection Act, 2019. Sector regulators were created for telecom, electricity, securities and other industries.

Haridas Exports v. All India Float Glass Mfrs. Association, (2002) 6 SCC 600, decided on 22 July 2002, captures this turning point. Indian float glass makers had obtained an order from the MRTP Commission stopping cheap imports from Indonesia. The Supreme Court set it aside. It held that importing goods at low prices is not illegal in itself, and that "the era of protectionism is now coming to an end". Indian industry, it said, "has to gear up" to meet competition from abroad.

Part II: Objectives

To prevent concentration of economic power. Article 39(c) and the MRTP Act aimed at this directly. The Competition Act pursues it through control of abuse of dominance and of large combinations.
To keep markets competitive. Section 18 of the Competition Act makes it the Commission's duty to eliminate practices having adverse effect on competition and to promote and sustain competition.
To protect consumers. Fair prices, quality, choice and safety are the end purpose of trade regulation. Consumer law adds remedies for unfair practices and defective goods.
To ensure freedom of trade. New entrants and smaller traders must be free to compete without being boycotted or shut out.
To protect smaller enterprises. Rules against predatory pricing, exclusive dealing and abuse protect efficient small firms from being driven out by power rather than merit.
To promote efficiency and growth. Competition pushes firms to cut costs and innovate, which supports economic development, as the Act's preamble says.
To protect public money. Government buys on a large scale, and cartels in public procurement cheat the public purse.

Competition Commission of India v. Co-ordination Committee of Artistes and Technicians of W.B. Film and Television, (2017) 5 SCC 17, decided on 7 March 2017, shows the freedom of trade and consumer objectives at work. Bengal film industry bodies forced two channels to drop a Bangla dubbed "Mahabharat" in 2011, to protect local artists. The Supreme Court held this an unlawful boycott under section 3(3)(b). It deprived viewers of choice and kept new content out of the market.

Excel Crop Care Ltd. v. Competition Commission of India, (2017) 8 SCC 47, decided on 8 May 2017, shows the protection of public procurement. Makers of aluminium phosphide tablets quoted identical prices to the Food Corporation of India for years and boycotted a later tender together. The Supreme Court upheld the cartel finding and the penalties.

The background and objectives at a glance

Phase	Main instrument	Main objective
1950s to 1980s	Licensing; Essential Commodities Act; MRTP Act, 1969	Control size and prices

Phase	Main instrument	Main objective
1991 onwards	Delicensing; trade and investment reforms	Open markets
2002 onwards	Competition Act; consumer law; sector regulators	Keep markets open and fair

Conclusion. Regulation of trade in India moved from licensing and size control under the MRTP Act to liberalised markets. The Competition Act, 2002, consumer law and sector regulators now police those markets. Its objectives remain to prevent concentration, keep markets competitive, protect consumers and smaller enterprises, ensure freedom of trade and promote growth. Haridas Exports, Co-ordination Committee and Excel Crop Care show those objectives being applied.

B.A. LL.B. (Five Years) Sem 9 Competition Law 2024 Aug Question Paper with Solutions

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