Competition Law
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Skills you'll learn
Competition law seeks to promote competition in the market and regulate anti-completive behaviour. This new law is a departure from the earlier MRTP Act which sought to regulate corporations and monopolies rather than facilitate business activity. The Competition Act seeks to promote competition in the market. It does so, by looking at the position of the corporation in the market rather than focussing merely on its size. This new law, with its new philosophy and requirements, has a tremendous impact on business deals and arrangements. M&A activity, vertical and horizontal agreements between firms and suppliers and retailers, collaborations, and pricing agreements — all of these are impacted by the Competition Act. This makes understanding the requirements under this law crucial for any corporate law practitioner. In this course, we take you over these requirements of the Act and guide you on how to deal with them when advising clients on sale, purchase and supply agreements, collaborations, pricing agreements, mergers and acquisitions, monopolistic behaviour, unfair trade practices etc.
And while the law of competition may be sometimes hard for the individual, it is best for the race, because it ensures the survival of the fittest in every department.
Andrew Carnegie- 1. 📕 Introduction
- 1.1 ▸ Introduction to competition law
- 2. 📕 Evolution of competition law
- 2.1 ▸ Evolution of competition law and policy in India—Global experience
- 2.2 ▸ Evolution of competition law in India
- I. ✒ Exercises
- II. 𝍭 Examination pointers
- 3. 📕 Definitions
- I. § Relevant sections
- 3.1 ▸ Commission
- 3.2 ▸ Consumer
- 3.3 ▸ Cartel
- 3.4 ▸ Enterprise
- 3.5 ▸ Interpretation of the definition of enterprise
- 3.6 ▸ Relevant market
- 3.7 ▸ Test to determine relevant market
- II. ✒ Exercises
- III. 𝍭 Examination pointers
- IV. 𝍭 Full text of leading cases
- 4. 📕 Anti-competitive agreements
- I. § Relevant sections
- 4.1 ▸ Anti-competitive agreements
- 4.2 ▸ Horizontal agreements
- 4.3 ▸ Price fixing
- 4.4 ▸ Limiting or controlling production, supply, markets, technical development, investment or provision of services
- 4.5 ▸ Market sharing
- 4.6 ▸ Bid rigging
- 4.7 ▸ Joint venture
- 4.8 ▸ Leniency and whistleblower
- 4.9 ▸ Vertical agreements
- 4.10 ▸ Tie-in agreement
- 4.11 ▸ Exclusive supply agreement
- 4.12 ▸ Exclusive distribution agreement
- 4.13 ▸ Refusal to deal
- 4.14 ▸ Resale price maintenance
- II. ✒ Exercises
- III. 𝍭 Examination pointers
- IV. 𝍭 Full text of leading cases
- 5. 📕 Abuse of dominance
- I. § Relevant sections
- 5.1 ▸ Introduction
- 5.2 ▸ Forms abuse of dominance
- 5.3 ▸ Forms of abuse of dominant position
- 5.4 ▸ Factors to determine abuse of dominance
- II. ✒ Exercises
- III. 𝍭 Examination pointers
- IV. 𝍭 Full text of leading cases
- 6. 📕 Regulation of combination
- I. § Relevant sections
- 6.1 ▸ Introduction
- 6.2 ▸ Regulation of combinations
- 6.3 ▸ Jurisdictional threshold and target-based exemptions
- 6.4 ▸ Factors to be considered for evaluating combination
- 6.5 ▸ Procedures for investigation of combinations
- II. ✒ Exercises
- III. 𝍭 Examination pointers
- IV. 𝍭 Full text of leading cases
- 7. 📕 Penalties under competition law
- I. § Relevant sections
- 7.1 ▸ Penalties
- II. ✒ Exercises
- III. 𝍭 Examination pointers
- 8. 📕 Intellectual property rights and competition law
- 8.1 ▸ Intellectual property rights and competition law
- 8.2 ▸ Intellectual property rights and competition law in the Indian context
- I. ✒ Exercises
- II. 𝍭 Full text of leading cases
- 9. 📕 Competition law in the digital and e-commerce markets
- 9.1 ▸ Competition law in the digital and e-commerce markets
- I. ✒ Exercises
- II. 𝍭 Examination pointers
- III. 𝍭 Full text of leading cases
- 10. 📕 Conclusion
- 10.1 ▸ Conclusion
- II. 𝍭 INDEX (FULL TEXT OF CASES)
- 𝍭 INDEX: Full text of cases
WHY TAKE THIS COURSE?
The online certificate course on competition law brings an in-depth understanding of the legal aspects of competition. Conceptual and case-based learning through short video lectures helps you to identify patterns of commercial activities that are detrimental to market stakeholders and the way competition law and policy attempt to prevent such anti-competitive conduct.
Upon successful completion of the course, you should be able to:
- Identify the basic principles underlying competition law.
- Evaluate business practices that result in anti-competitive practices.
- Examine situations that constitute abuse of dominance.
- Understand merger controls.
- Understand the interface between intellectual property rights and competition law.
- Explore the application of competition law in the contemporary digital markets.
Since it is a beginner's course, there are no prerequisites for taking the course.
Welcome to the course and have great learning!
Instructors
Dr Pratima Narayan
Dr Pratima Narayan is an Advocate, Mediator and Founder Partner of Techlawlogi Consulting LLP, a law firm based out of Bengaluru. She is an Editor and Consultant at EBC -Learning. She has offered courses on Consumer law, Arbitration, Ecommerce, Contract law and Corporate law on the platform. She has authored a book on “Electronic Commerce: Legal Compliance”, published by Eastern Book Company. The book comprehensively outlines the various legal and regulatory framework and compliance for ecommerce players. Dr Pratima has served the legal academia for over two decades as a visiting faculty at various reputed law schools and business schools. Dr Pratima holds a doctorate in law from the National Law School of India University, Bengaluru.
Presented by: Pradyumna Anil Purohit
Pradyumna Anil Purohit is a Course Author, Instructional Designer, and Innovator at EBC Learning. He is also the Chief Academic Consultant at Mahatma Gandhi Centre for Peace Studies (MGCPS), O.P. Jindal Global University (OPJGU). Pradyumna was formerly an Assistant Professor at Jindal Global Law School (JGLS). He is a graduate in law with a major in Political Science and honours in Constitutional Law. Pradyumna pursued his LL.M. (Master of Laws) in International Development Law and Human Rights from the University of Warwick, England and was the recipient of the Upendra Baxi Scholarship. He has also earned an M.Litt. (Master of Letters) from School of History, Institute of Legal and Constitutional Studies, University of St. Andrews, Scotland. He is a passionate educator and has been vocal about academic governance for a long time. He has trained faculties and institutions for IQAC and processes under the NAAC and various ranking frameworks.
Antitrust law isn't about protecting competing businesses from each other, it's about protecting competition itself on behalf of the public.
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