Competition Law Notes | B.B.A. LL.B. (Five Years) Semester 8 | SPPU | munotes

Contents

Module 01 Introduction

1. What Competition Is, and Its Merits and Demerits 1
2. Market Structure: The Four Forms 6
3. Perfect Competition 12
4. Monopoly 18
5. Oligopoly 26
6. Monopsony 33
7. The Practices Competition Law Controls: An Overview 38
8. The Constitution and the Regulation of Trade: Articles 19(1)(g), 19(6), 38, 39 and 298 42
9. Freedom of Trade, Commerce and Intercourse: Articles 301 to 307 47
10. Competition Policy and Competition Law 52
11. The Functions and Elements of Competition Law 56
12. The Economics Behind Competition Law 60

Module 02 Historical Development of Competition Law

1. Why Trade Is Regulated, and How India’s Competition Law Grew 65
2. The Sherman Antitrust Act, 1890 70
3. The Clayton Act, 1914 75
4. The Federal Trade Commission Act, 1914 80
5. The UK Enterprise Act, 2002 86
6. Competition Law in the European Union: Articles 101 and 102 TFEU and Merger Control 91
7. The Committees Behind Indian Competition Law: Hazari, the Monopolies Inquiry Commission, Sachar and Raghavan 95
8. The MRTP Act, 1969: Its Objects, Scheme and Machinery 100
9. Restrictive Trade Practices under the MRTP Act 105
10. The Competition Act, 2002: Its Salient Features and Amendments 111
11. From the MRTP Act to the Competition Act 116
12. The Definitions in the Competition Act 121

Module 03 Anti-Competitive Agreements

1. Anti-Competitive Agreements: Section 3 126
2. The Rule of Reason and the Per Se Rules 131
3. Appreciable Adverse Effect on Competition, and the Per Se Rules 137
4. The Exemptions: Intellectual Property and Exports 141
5. Cartels and Bid Rigging 145
6. Vertical Agreements: Tie-in, Exclusive Dealing, Refusal to Deal and Resale Price Maintenance 151

Module 04 Regulation of Abuse of Dominant Position

1. Dominant Position and the Relevant Market 156
2. Abuse of Dominant Position: Section 4 160
3. Predatory Pricing 165
4. The UK Competition Act, 1998 169

Module 05 Regulation of Combinations

1. Combinations: Section 5 173
2. The Regulation of Combinations 178
3. Horizontal, Vertical and Conglomerate Mergers, Private Equity Investments, and Merger Control Abroad 184

Module 06 Enforcement Mechanisms

1. The Competition Commission of India: Establishment and Composition 189
2. Meetings of the Commission, and How It Works 193
3. The Duties and Functions of the Commission 196
4. The Competition Fund, Rules, Regulations and the Central Government’s Powers 200
5. How the Commission Inquires: Information, Prima Facie Opinion and Investigation 204
6. The Director General: Appointment, Duties and Powers 209
7. The Orders and Powers of the Commission 213
8. Interim Orders: Temporary Injunctions in Competition Cases 217
9. Penalties under the Competition Act 221
10. Lesser Penalty, Settlement and Commitment 226
11. Appeals: The Competition Appellate Tribunal and the NCLAT 230
12. Competition Advocacy 235
13. The Leading Cases under the Competition Act 238
14. Working a Competition Law Problem 242

Module 07 The interface of Competition Law with other Laws

1. Anti-Competitive Practices in Contractual Licences: Article 40 247
2. Competition Law Across Borders: The Effects Doctrine 252
3. Unfair Trade Practices: From the MRTP Act to Consumer Law 257
4. The Consumer Protection Act, 1986: Its Relevant Provisions 263