DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

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Title of the Subject: Competition Law

Semester: VIII
Name of the Faculty: Dr. R Bharat Kumar
Total No. of Hours: Min 60
Credits: 4

Introduction

Competition law is a rapidly growing area of law which reflects the free market economy and
increasing world globalization. The huge economic movements which have taken place in recent
years increased the attractiveness of this subject, and competition lawyers are now prominent in
the biggest law firms and institutions advising in complex transactions. The course aims to give an
overview on the basics of Competition Law in India through a overview study of the main
jurisdictions in brief (especially U.S. and EU) and thus provide a solid background for further
studies of this subject.

The course will examine and compare the application of competition law to business agreements,
the exercise of dominant position, the combinations between the firms and sellers and the
enforcement mechanisms.

Objectives of the course will be

• To provide an overview of the basic concepts of Competition Law with the help of the Indian
decisions.

• To compare the Competition laws of India with the other jurisdictions especially US and EU.

• To appreciate and understand the economic underpinnings of the legal framework.

• To examine the applicability of Competition law to business agreements, the exercise of

dominant position, the combinations between the firms and sellers

• To appreciate the Enforcement mechanisms and significance of Competition Advocacy and

Leniency programme.

• To examine the pivotal role of Competition Commission of India (CCI) in ensuring competition
in the Indian market across the sectors.

• To appreciate the emerging trends in Competition Law and its interface with Sectoral Regulator.

• To enable the students to take up professional practice in competition law and policy in India and
abroad.

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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

Unit UNIT 1 CASES FOR REFERENCE No. of

No. Topic: Overview & Introduction  Law Subjects - List of Cases Hours
 Social Sciences - Case
Studies / recommended
readings
(List of cases are not
exhaustive - Faculty may
discuss or indicate any
additional Cases)
1.1 Competition law:

Historical development in U.S.

Hazari Study

Mahalanobis Committee

Monopolies Inquiry Commission

Sachar Committee – Enactment of MRTP

Act, 1969

Raghvan Committee- Competition Act,

2002.

1.2 Basic Concepts – 1.Excel Crop Care Ltd v. CCI,

Economics of Competition Law
Allocative Efficiency
Productive Efficiency
Dynamic Efficiency
Agreement
(2017) 8 SCC 47
2. CCI v. Co-Ordination
Committee of Artists and
Technicians of W.B. Film And
Television,civil appeal no. 6691
of 2014 decided on 7.03.2017
(SC)

Cartel - Effects on Consumer and

Economy

Enterprise

Consumer

Market – Types of Market- Relevant

Product Market and Relevant Geographic

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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

Market

Competition – Competition Policy and

Competition Law

Models of Competitive Market-

Monopoly, Monopsony, Oligopoly,
Perfect Competition and Workable
competition

Goals of Competition Law.

UNIT 2 : Regulation of Collusion in the Market

2.1 Anti- Competitive Agreements under the 1. Aamir Khan Productions

Competition Act, 2002 Private Limitedv.Union of
India, (2010) 4 CompLJ580
Tie-in Agreement – (Bom)
Exclusive Supply Agreement – 2. Builders Association of
Exclusive Distrubution Agreement – Indiav.Cement
Refusal to Deal Manufacturers, Case No.
Resale Price Maintenance agreeement etc. 29/2010, decided on
Bid-rigging or collusive bidding 20.6.2012 (CCI)
3. Exclusive Motors Pvt.
2.2 Appreciable Adverse Effect on Ltdv.Automobile
Competition in the Market Lamborghini SPA, Case No.
52/2012, decided on
2.3 Determination of Relevant Market 6.11.2012 (CCI)
4. Film Employees’ Federation
2.4 Rule of Reason and Per se Rule of Kerala v. CCI, Civil
Appeal No. 03193/2020
2.5 Horizontal and Vertical restraints decided on 13.3.2020
(NCLAT)
2.6 Exemptions 5. Shamsher Kataria v. Honda
Siel Cars India Ltd., 2014
2.7 Penalties Comp LR 1 (CCI)
6. Rajasthan Cylinders and
Containers Limited v. Union
of India,Civil Appeal No.
3546 of 2014decided on
1.10.2018 (SC)
7. Samir Agrawal v. CCI, Civil
Appeal No.3100 of 2020
decided on 15.12.2020 (SC)
8. All India Tyres Dealers
Federationv.Tyres
Manufacturers, 2013 COMP
LR 92 (CCI), Main Order
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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

dated October 30, 2012 and
Minority Order by Mr. R
Prasad (Member, CCI) dated
October 30, 2012
9. Hyundai Motor India Ltd v.
CCI, Competition Appeal
(AT)No.6 of 2017order dated
19.09.2018 decided by
National Company Law
Appellate Tribunal
10. Association of Malayalam
Movie Artists v. Competition
Commission of India
Competition Appeal (AT)
No. 05 of 2017
UNIT 3
Topic: Regulation of Abuse of Dominant Position
3.1 Introduction 1. Belaire Apartment
Owners'
3.2 Dominance in the Market Associationv.DLF Ltd &
HUDA, 2011 Comp LR
3.3 Exploitative & Exclusionary Practices 0239(CCI), Main Order
dated August 12, 2011
3.4 Predatory Pricing 2. Surinder Singh Barmi v.
Board for Control of
3.5 Relevant Market - Appreciable Adverse Cricket in India (BCCI)
Effect on Competition in the Market [2013]113 CLA579
(CCI),
3.6 Abusive Conducts under the Competition 2013CompLR297(CCI),
Act, 2002 [2013]118SCL226(CCI)
3. MCX Stock
3.7 Penalties Exchangev.National
Stock Exchange Ltd.,
3.8 Prevention of Abuse of Dominance 2011 Comp LR 129
(CCI); National Stock
Exchange Ltd. v.MCX
Stock Exchange 2014
Comp LR 304 (CompAT)
4. Indian Exhibition
Industry
Associationv.Ministry of
Commerce and Industry
and Indian Trade
Promotion Organisation,
2014 Comp LR 87 (CCI);
Indian Trade Promotion
Organisationv.CCI
(CompAT)
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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

5. Jagmohan Chhabra And
Shalini
Chhabrav.Unitech, 2011
Comp LR 31 (CCI); Main
Order dated November 8,
2011 and Dissenting
Order by Mr. R. Prasad
(Member, CCI)dated
8.11.2011,
6. Matrimony.Com Limited
v. Google Lic& Others,
CCI, Case Nos.07 &30 of
2012 order dated
31.10.2018
7. All India Online Vendors
Association v. Flipkart
India Private Limited and
Another (Case No. 20 of
2018)decided on
6.11.2018
8. Rico Auto Industries
Limited and Others v.
GAIL (India)decided on
8.11.2018
UNIT 4
Topic: - Regulation of Combinations
4.1 Combinations: 1. Etihad Airways and Jet
Airways Combination
4.2 Merger, Acquisition, Amalgamation and Order, CCI, Order dated
Takeover, 12.11.2013
2. Sun Pharma and Ranbaxy
4.3 Horizontal, Vertical and Conglomerate Combination Order, CCI,
Mergers, Orders dated 5.12.2014
and17.3. 2015.
4.4 Combinations covered under the 3. Wal-Mart and Flip Kart
Competition Act, 2002 Combination Order, CCI,
Order dated 4.8.2016
4.5 Penalties 4. PVR and DT Cinemas, C-
2015/07/288,CCI,Order
dated 4.5. 2016
5. Schneider Electric India
Private Limited and Mac
Ritchie Investments Pte.
Limited, C-2018/07/586,
order dated 18.04.2019
6. Jio Futuristic Digital
Holdings Pvt. Ltd; Jio
Digital Distribution
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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

Holdings Pvt. Ltd.; Jio
Television Distribution
Holdings Pvt. Ltd and
Den Networks Ltd, C-
2018/10/609, order dated
21.1.2019
7. Jio Content Distribution
Holdings Private Limited,
Jio Internet Distribution
Holdings Private Limited,
Jio Cable and Broadband
Holdings Private Limited
and Hathway Cable and
Datacom Limited,
C2018/10/610,21.01.2019
8. Mitsui & Co. and IHH
Healthcare Berhad, C-
2018/09/601, dated
14.2.2020 available
9. Adani Transmission
Limited (Penalty for Gun-
Jumping by CCI),
Combination Registration
No. C-2018/01/547
10. Northern TK Venture Pte
Limited and Fortis
Healthcare
Limited,Combination
Registration No. C-
2018/09/601, dated
29.10.2018
UNIT 5
Topic: Enforcement Mechanisms
5.1 Enforcement Mechanisms under the 1. In Re: Cartelization in
Competition Act, 2002 respect of Zinc Carbon
Dry Cell Batteries Market
5.2 Competition Commission of India in India, Suo Motu Case
No. 02 of 2016
5.3 Constitution of the CCI 2. Nagrik Chetna Manch v.
Fortified Security
5.4 Powers and Functions Solutions and others, case
No. 50 of 2015, order
5.5 Jurisdiction of the CCI dated 01.05.2018 (CCI)
3. Cartelization in respect of
5.6 Grant of Interim Relief tenders floated by Indian
Railways for supply of
5.7 Extra Territorial Jurisdiction Brushless DC Fans and

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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

5.8 Adjudication and Appeals other electrical items,Suo
Moto Case No. 03 of
5.9 Director General 2014
4. Cartelization in respect of
5.10 National Company Appellate Tribunal tender floated by Indian
Railways for supply of
5.11 Enforcement Mechanisms brushless DC fans and
other electric items,
5.12 Investigation-Leniency Provisions Suomotu case no. 3 of
2014 order dated
18.01.2017
5. Cartelization of
broadcasting service
providers by rigging the
bids submitted in
response to tender floated
by sports broadcasters
Suomotu case no. 02 of
2013, order dated 11.
07.2018
6. In re: Anticompetitive
conduct in dry cell
batteries market in India,
Suomotu case no. 01 of
2017, order 30.08.2018
7. In re: Alleged
Cartelization in flash light
in market Suomotu case
no. 01 of 2017, order
dated 06.11.2018
UNIT 6
Topic: Competition Advocacy and Emerging Trends in Competition Law
6.1 Competition Advocacy in India and other 1. Telefonaktiebolaget LM
foreign jurisdictions Ericsson (PUBL) v.
Competition Commission
6.2 United Nations Conference on Trade And of India, 2016OnLine Del
Development (UNCTAD) & Competition 1951, (2016) 232 DLT
Law (CN)
6.3 WTO & Competition Law 2. Competition Commission
of Indiav.Bharti Airtel
6.4 Intellectual Property Rights and Ltd, Civil Appeal NO(S).
Competition Law 11843 OF 2018
3. Monsanto Holdings
6.5 Relation between International Trade Law Private v.Competition
and Competition Law Commission Of India,
W.P.(C) 1776/2016 and
6.6 International Competition Law CM Nos. 7606/2016,
12396/2016 &
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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

16685/2016, decided on
20.5.2020 (High Court of
Delhi)

Important Statutes to be referred:

1. The Sherman Anti-Trust Act, 1890

2. The Clayton Act, 1914
3. The Robinson-Patman Act, 1936
4. Federal Trade Commission Act, 1914
5. Celler-Kefauver Antimerger Act, 1950
6. Competition Act, 2002 (India)
7. Competition Act, 1998 (UK)
8. Enterprise Act, 2002 (UK)
9. MRTP Act, 1969 (India)
10. Consumer Protection Act, 2018

Text Books
Sl. No. Author/s Title of the Book Edition and Publisher

1. Abir Roy & Competition Law in Kluwer Law International B. V., 2016.
Jayant India
Kumar,

2. T Ramappa Competition Law in OUP, 3rd Edition

India: Policy, Issues
and Developments,

3. Mark Furse Competition Law of the 6th Edn. – 2008, Oxford University
EC and UK Press

4. Maher M. EC and UK Cambridge University Press, 2004

Dabbah Competition Law:
Commentary, Cases
and Materials

Books for Reference

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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

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Sl. No. Author/s Title of the Book Edition and Publisher

1. Philips E. Fundamentals of Anti- ASPEAN Publications, 2006.

Areeda & H. Trust Law
Hovenkoup,,

2. Richard Whish Competition Law 8th ed.- Oxford University Press,

and David 2015.
Bailey

3. S.M. Dugar Commentary on MRTP Wadhwa Nagpur (4th ed. 2006)

Law, Competition Law
& Consumer Protection
Law

4. Vinod Dhall Competition Law Today Oxford University Press, 2007

(ed.)

Other Important Materials:

1. Report of The Working Group on Competition Policy, Planning Commission, Government of India,
February 2007

2. McEwin, R Ian, "Competition Law in a Small Open Economy", (2003) 26(1) University of New South
Wales Law Journal 246

3. Carlos M. Correa, Intellectual Property and Competition Law: Exploring Some Issues of Relevance to
Developing Countries,- Published by International Centre for Trade and Sustainable Development
(ICTSD)

4. Pierre Régibeau and Katharine Rockett, The Relationship Between Intellectual Property Law and
Competition Law: An Economic Approach, University of Essex and CEPR, Revised, June 2004

5. Keith E. Maskus, University of Colorado, Boulder, Mohamed Lahouel, Competition Policy and
Intellectual Property Rights in Developing Countries:Interests in Unilateral Initiatives and a WTO
Agreement, University of Tunis III

6. Intellectual Property Rights and Competition Policy- Published by CUTS International, 1 June 2008

7. Politics Trumps Economics – Lessons and experiences on competition and regulatory regimes from
developing countries - Published by CUTS International

8. Taimoon Stewart, Julian Clarke and Susan Joekes, Competition Law in Action: Experiences from
developing countries, Published by International Development Research Centre, May 2007
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 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

~ a cradle of future jurists ~

VISAKHAPATNAM, ANDHRA PRADESH

COURSE OUTLINE (EVEN SEMESTER)

9. Alden F. Abbott, A brief overview of American Antitrust Law, The University of Oxford Centre for
Competition Law and Policy, The Competition Law & Policy Guest Lecture Programme - Paper (L)

10. Alden F. Abbott, A brief comparison of European and American Antitrust Law, The University of
Oxford Centre for Competition Law and Policy, The Competition Law & Policy Guest Lecture Programme
- Paper (L) 02/05

11.Caron Beaton-Wells and Brent Fisse, The Cartel Offences: an Elemental Pathology

12. Why India Adopted a new Competition Law, Published by CUTS

13. CRS Report for Congress, General Overview of United States Antitrust Law, June 18, 2001

14. G.R. Bhatia, Combating Cartel in Markets: Issues & Challenges

Students are advised to read articles relating to the syllabus topics from the journals such as:

1. European Competition Law Review

2. International Review of Competition Law
3. International Review of Intellectual Property and Competition law (Max Planck Institute)
4. European Competition Journal (ECJ)
5. Journal of Competition Law and Economics (JCLE)
6. Competition Policy International (CPI)
7. Antitrust Law Journal (ALJ)
8. European Journal of Law and Economics
9.The Competition Law Review (CompLRev)
10.OECD Journal of Competition Law and Policy
11.Competition Law Journal (Jordan Publishing)
12. Global Antitrust Review (GAR)
13. Kluwer Arbitration

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