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(Established under the Presidency University Act, 2013 of the Karnataka Act 41 of 2013)

A-8[2022] COURSE HAND OUT [Integrated Course]


SCHOOL: LAW DEPT.: LAW DATE OF ISSUE: 05th September-2022

NAME OF THE PROGRAM: B.A.LL.B. (Hons.)/ B.B.A.LL.B. (Hons.)/ B.COM.LL.B


(Hons.)

P.R.C. APPROVAL REF.: PU/AC18.14/SOL13/BAL/2018-23;


PU/AC18.14/SOL13/BBL/2018-23; PU/AC18.14/SOL13/BCL/2018- 23 

SEMESTER/YEAR: 9th SEM/ 2018

COURSE TITLE & CODE: COMPETITION LAW & LAW308

COURSE CREDIT STRUCTURE: 4-0-4

CONTACT HOURS: 4 Hours a Week

COURSE INSTRUCTOR: Mr. Shinil Paul Mathews

PROGRAM OUTCOMES:

PO-1 Ability to apply the fundamental concept of Humanities, Commerce and


Management to legal problems

PO-2 Ability to develop critical thinking skill

PO-3 Ability to identify, analyze and solve legal problem with professional ethics and
integrity

PO-4 Ability to conduct dispute resolution with professional ethics and integrity
PO-5 Ability to draft professional legal writing along with effective oral communication

PO-6 Ability to apply legal theory to factual settings

PO- 7 Ability to apply legal theory to engage in legal argumentation

PO-8 Ability to conduct independent legal research specific to the case

PO- 9 Ability to conduct client services with necessary usage of technological tools

PO-10 Recognition of the need for engaging in lifelong learning

PO-11 Exhibit social responsibility adhering to ethical and moral values

PO -12 Ability to adapt knowledge of contemporary issues

PO- 13 Ability to function in multidisciplinary team

COURSE DESCRIPTION:

The process of globalization and liberalization has brought a considerable awareness towards
improving the competitive process in developing economies such as India. Until recently most of
the developing countries operated without a structured competition policy, and have justified the
intervention by the state over economic activities. India owing to its WTO obligations enacted
Competition Act, 2002. The course seeks provide fundamentals of market economy and
extensive knowledge of application of competition policy in India. The aim of this course is to
engender within students an ability to understand the principles of competition law and policy
within India, EU and US. Understand the contemporary issues involved in the area of
competition law.

COURSE OUTCOMES:

On successful completion of the course the students shall be able to:


C.O.1 Demonstrate Understanding of foundations of Competition Law and Policy.
C.O.2 Apply the principles of competition law in order to identify anti-competitive agreements
and practices.
C.O.3 Propose solutions under the Competition Act 2002 to eliminate practices abusing the
dominance practices in a market situation.
C.O.4 Analyze the various Combinations under Competition Law.
MAPPING OF C.O. WITH P.O.
[H-HIGH, M- MODERATE, L-LOW]

C.O
P.O.01 P.O.02 P.O.03 P.O.06 P.O.07 P.O.08 P.O.10 P.O.12 P.O.13
.N0.
1 H M L L M M M M M
2 H H M H M M M M M
3 H H M H M M M M M
4 H H M H M M H M H

COURSE CONTENT (SYLLABUS):

Module:1 Introduction to Competition Law C.O.1 COMPREHENSION 12


SESSIONS

Competition growth and prosperity. Do we need competition law: Level of Regulation?


Is competition law directed towards protecting the consumer or the market welfare?
Economics vs. Law
Evolution of competition law in US (Sherman Act) and EU (TFEU Art. 101 and 102).
MRTP, Raghavan Committee on competition law, Competition Act comparison with MRTP Act
Relevant Market
Module: 2 Anti-Competitive Agreements (Sec. 3) C.O.2 ANALYSIS 11
SESSIONS

What is an Agreement under Competition Act, 2002?


Horizontal Agreements & Vertical Agreements under Competition Act, 2002.
Bid-rigging under Competition Act, 2002.
Reasonable exemption for IP Related Agreements and joint ventures.
Trade associations, exchange of commercial information, effect vs. purpose theory.
Module: 3 Abuse of Dominance (Sec. 4) C.O.3 ANALYSIS 15
SESSIONS

Factors Determining the relevant market and dominance


Common abuses of dominant position- Entry Barriers, Unfair Trading Conditions, Predatory
Pricing, Discriminatory Pricing, Collective Dominance, Refusal to Supply
Legitimate Competition and Bonafede Acts
Role played by CCI in cases of abuse of dominance
Module: 4 Regulation of Combination (Sec 5 and 6) C.O.4 APPLICATION 13
SESSIONS

Types of Mergers and Definition of combination under Competition Act, 2002.


Pro and Anti-Competitive effects of combination.
“Control” and “Group” Definition under Competition Act, 2002.
Defining the Threshold.
Exemptions by the Central Government

DELIVERY PROCEDURE (PEDAGOGY): The course will be conducted by the use of the
lecture, discussion and case-study method. The course will also include the use of problem
stimulation and Quiz for a better understanding of the topics.

Self-Learning Topics:

What is Enterprise under Competition Act, 2002

Exemptions in the Regulation of the Combination

Digital Platforms and Competition Act.

REFERENCE MATERIALS:
Text Books:
1. Ramappa T, Competition Law In India (3rd edn, Oxford University Press 2014)
2. Chadda V, Competition Act, 2002 Law And Practice (1st edn, Bloomsbury 2019)
References Books:
1. Dhall V, Competition Law Today (2nd edn, Oxford University Press 2019)
2. Whish R, and Bailey D, Competition Law (7th edn, Oxford University Press 2012)
3. Taxmann's Competitions Laws Manual (8th edn, Taxmann 2021)
4. Rab S, Indian Competition Law An International Perspective (1st edn, Wolters Kluwer
(India) Pvt Ltd 2012)
5. Vyas N, Competiiton Law (1st edn, Eastern Book Company 2021)
6. Vahini V, Indian Competition Law (1st edn, LexisNexis 2016)

E-Resources
https://www.jstor.org/stable/1014308?seq=1

https://www.jstor.org/stable/44782475

GUIDELINES TO STUDENTS:
a. Reading of the material assigned for your course
b. Pay attention and participate in the class

COURSE SCHEDULE FOR THEORY COMPONENT:


Sl.
No Activity Starting Date Concluding Date Total Number of Periods
.
01 Overview of the course 12/09/2022 12/09/2022 1

02 Module: 01 13/09/2022 29/09/2022 12

03 Module: 02 06/10/2022 02/11/2022 11

04 Mid Term Exam 03/11/2022 07/11/2022

05 Module: 03 08/11/2022 01/12/2022 15

06 Module: 04 02/12/2022 27/12/2022 13

08 CIA:
a) Research Paper 4
b) Literature Review will be notified will be notified

c) Case Presentation
d) Sector Report
09 End Term Exam 5/01/2023 25/01/2023

SCHEDULE OF INSTRUCTION FOR THE THEORY COMPONENT:


Session Delivery
Course
Sl. no Mode
Lesson Title Topics Outcome Reference
No [date if &Tools
Number
possible] used
1. 12/09/2022 Overview of the
Course
2. 13/09/2022 INTRODUCTIO ANTI TRUST 1 Lecture Ramappa T,
N TO ISSUES AND Competition Law In
COMPETITION MONOPOLY India (3rd edn,
LAW Oxford University
Press 2014)

3. 14/09/2022 INTRODUCTIO EVOLUTION OF 1 Lecture Ramappa T,


N TO COMPETITION Competition Law In
COMPETITION LAW GLOBALLY India (3rd edn,
LAW Oxford University
Press 2014)
4. 15/09/2022 INTRODUCTIO TRIPS & GATS 1 Lecture Ramappa T,
N TO Competition Law In
COMPETITION India (3rd edn,
LAW Oxford University
Press 2014)
5. 19/09/2022 INTRODUCTIO MRTP ACT 1 Lecture Ramappa T,
N TO Competition Law In
COMPETITION India (3rd edn,
LAW Oxford University
Press 2014)
6. 20/09/2022 INTRODUCTIO RAGHAVAN 1 Lecture Ramappa T,
N TO COMMISSION Competition Law In
COMPETITION REPORT India (3rd edn,
LAW
Oxford University
Press 2014)

7. 21/09/2022 INTRODUCTIO COMPARISION OF 1 Lecture + Ramappa T,


N TO MRTP ACT AND Discussio Competition Law In
COMPETITION COMPETITION ACT n India (3rd edn,
LAW
Oxford University
Press 2014)

8. 22/09/2022 INTRODUCTIO CCI AND OTHER 1 Lecture + Ramappa T,


N TO REGULATORY Discussio Competition Law In
COMPETITION AUTHORITIES n India (3rd edn,
LAW
Oxford University
Press 2014)

9. 26/09/2022 INTRODUCTIO CCI AND OTHER 1 Lecture + Ramappa T,


N TO REGULATORY Discussio Competition Law In
COMPETITION AUTHORITIES n India (3rd edn,
LAW Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
10. 27/09/2022 INTRODUCTIO RELEVENT 1 Lecture + Ramappa T,
N TO MARKETS Discussio Competition Law In
COMPETITION n India (3rd edn,
LAW
Oxford University
Press 2014)

11. 28/09/2022 INTRODUCTIO TESTS TO 1 Lecture + Ramappa T,


N TO DETERMINE Discussio Competition Law In
COMPETITION MARKET n India (3rd edn,
LAW DOMINANCE
Oxford University
Press 2014)

12. 29/09/2022 INTRODUCTIO REVISION 1 Problem Ramappa T,


N TO Simulatio Competition Law In
COMPETITION n and India (3rd edn,
LAW Quiz
Oxford University
Press 2014)
13 06/10/2022 ANTI- WHAT IS ANTI 2 Lecture Ramappa T,
COMPETITIVE Competition Law In
COMPETITIVE
AGREEMENTS India (3rd edn,
AGREEMENTS?
Oxford University
Press 2014)
14 10/10/2022 ANTI- CARTELS 2 Discussio Ramappa T,
COMPETITIVE n and Competition Law In
AGREEMENTS Quiz India (3rd edn,
Oxford University
Press 2014)

15 11/10/2022 ANTI- HORIZONTAL 2 Lecture + Ramappa T,


COMPETITIVE AGREEMENTS Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)

Whish R, and Bailey


D, Competition Law
(7th edn, Oxford
University Press
2012)
16 12/10/2022 ANTI- VERTICAL 2 Lecture + Ramappa T,
COMPETITIVE AGREEMENTS Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)

Whish R, and Bailey


D, Competition Law
(7th edn, Oxford
University Press
2012
17 13/10/2022 ANTI- ENTRY BARRIERS 2 Lecture + Ramappa T,
COMPETITIVE Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)

18 17/10/2022 ANTI- BID RIGGING 2 Lecture + Ramappa T,


COMPETITIVE Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)
19 18/10/2022 ANTI- EXEMPTIONS IP & 2 Lecture + Ramappa T,
COMPETITIVE JV Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)

20 19/10/2022 ANTI- TRADE 2 Lecture + Ramappa T,


COMPETITIVE ASSOCIATIONS Discussio Competition Law In
AGREEMENTS n India (3rd edn,
Oxford University
Press 2014)
21 20/10/2022 ANTI- ROLE OF CCI 2 Lecture Ramappa T,
COMPETITIVE and Competition Law In
AGREEMENTS Problem India (3rd edn,
Simulatio
Oxford University
n
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
22 27/10/2022 ANTI- ROLE OF CCI 2 Lecture Ramappa T,
COMPETITIVE and Competition Law In
AGREEMENTS Problem India (3rd edn,
Simulatio
Oxford University
n
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
23 02/11/2022 REVISION Quiz and
Problem
Simulatio
n
24 03/11/2022 MID TERM
25 04/11/2022 MID TERM
26 07/11/2022 MID TERM
27 08/11/2022 ABUSE OF WHAT IS 3 Lecture Ramappa T,
DOMINANCE DOMINANT Competition Law In
POSITION? India (3rd edn,
Oxford University
Press 2014)
28 09/11/2022 ABUSE OF RELEVANT 3 Discussio Ramappa T,
DOMINANCE MARKET AND n Competition Law In
MARKET POWER India (3rd edn,
Oxford University
Press 2014)
29 10/11/2022 ABUSE OF DETERMINING 3 Lecture Ramappa T,
DOMINANCE MARKET and Competition Law In
DOMINANCE Problem India (3rd edn,
Simulatio Oxford University
n Press 2014)
30 14/11/2022 ABUSE OF ABUSE OF 3 Lecture Ramappa T,
DOMINANCE DOMINANT Competition Law In
POSITION India (3rd edn,
Oxford University
Press 2014)

 
31 15/11/2022 ABUSE OF ENTRY BARRIERS 3 Lecture + Ramappa T,
DOMINANCE Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
32 16/11/2022 ABUSE OF UNFAIR TRADING 3 Lecture + Ramappa T,
DOMINANCE CONDITIONS Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
33 17/11/2022 ABUSE OF PREDATORY 3 Lecture + Ramappa T,
DOMINANCE PRICING Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
34 21/11/2022 ABUSE OF DISCRIMINANTOR 3 Lecture + Ramappa T,
DOMINANCE Y PRICING Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
35 22/11/2022 ABUSE OF COLLECTIVE 3 Lecture + Ramappa T,
DOMINANCE DOMINANCE Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
36 23/11/2022 ABUSE OF REFUSAL TO 3 Lecture Ramappa T,
DOMINANCE SUPPLY Competition Law In
India (3rd edn,
Oxford University
Press 2014)
37 24/11/2022 ABUSE OF BONAFIDE ACTS 3 Lecture + Ramappa T,
DOMINANCE OF COMPETITION Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
38 28/11/2022 ABUSE OF LEGITIMATE 3 Lecture + Ramappa T,
DOMINANCE COMPETITION Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)
39 29/11/2022 ABUSE OF LICENSING OF 3 Lecture + Ramappa T,
DOMINANCE Discussio Competition Law In
COPYRIGHT
n India (3rd edn,
Oxford University
Press 2014)

Vyas N,
Competiiton Law
(1st edn, Eastern
Book Company
2021)
40 30/12/2022 ABUSE OF ROLE OF CCI 3 Lecture + Ramappa T,
DOMINANCE Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
41 01/12/2022 ABUSE OF ROLE OF CCI 3 Lecture + Ramappa T,
DOMINANCE Discussio Competition Law In
n India (3rd edn,
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
42 05/12/2022 REGULATION WHAT IS 4 Lecture Ramappa T,
OF COMBINATION? Competition Law In
COMBINATIO India (3rd edn,
N
Oxford University
Press 2014)

Whish R, and Bailey


D, Competition Law
(7th edn, Oxford
University Press
2012)
43 06/12/2022 REGULATION TYPES OF 4 Lecture + Ramappa T,
OF COMBINATIONS Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)

Whish R, and Bailey


D, Competition Law
(7th edn, Oxford
University Press
2012)

44 07/12/2022 REGULATION THRESHOLD 4 Lecture + Ramappa T,


OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)

45 08/12/2022 REGULATION FORM 1 & 2 4 Lecture + Ramappa T,


OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
46 12/12/2022 REGULATION GUNJUMBBING 4 Lecture + Ramappa T,
OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
47 13/12/2022 REGULATION GROUPS 4 Lecture + Ramappa T,
OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)
48 14/12/2022 REGULATION GROUPS 4 Lecture + Ramappa T,
OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)
49 15/12/2022 REGULATION CONTROL 4 Lecture + Ramappa T,
OF Discussio Competition Law In
COMBINATIO n India (3rd edn,
N
Oxford University
Press 2014)
50 16/12/2022 REGULATION EXEMPTIONS 4 Self- Ramappa T,
OF Learning Competition Law In
COMBINATIO India (3rd edn,
N
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
51 19/12/2022 REGULATION CROSS BORDER 4 Lecture Ramappa T,
OF MERGERS Competition Law In
COMBINATIO India (3rd edn,
N
Oxford University
Press 2014)

Whish R, and Bailey


D, Competition Law
(7th edn, Oxford
University Press
2012)
52 20/12/2022 REGULATION CCI REMEDIES 4 Flipped Ramappa T,
OF Classroo Competition Law In
COMBINATIO m India (3rd edn,
N Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
53 21/12/2022 REGULATION CCI REMEDIES 4 Flipped Ramappa T,
OF Classroo Competition Law In
COMBINATIO m India (3rd edn,
N
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
54 22/12/2022 REGULATION CCI REMEDIES 4 Flipped Ramappa T,
OF Classroo Competition Law In
COMBINATIO m India (3rd edn,
N
Oxford University
Press 2014)

Chadda V,
Competition Act,
2002 Law and
Practice (1st edn,
Bloomsbury 2022)
55 26/12/2022 REMEDIAL CLASS Lecture
56 27/12/2022 REMEDIAL CLASS Lecture
57 28/12/2022 REMEDIAL CLASS Lecture
58 29/12/2022 Assessment PRESEN
TATION
59 30/12/2022 Assessment PRESEN
TATION
60 31/12/2022 Assessment PRESEN
TATION

ASSESSMENT SCHEDULE FOR THEORY COMPONENT:


Assessment Course Duration Venue,
Sl.
type Contents outcome (In Marks Weightage Date &
No.
Number Hours) Time

1. Research Any topic selected by the CO1 10 5% To be


Paper student and approved by the Notified
course instructor.

2. Literature (Mandatory to submit the CO2 10 5% To be


Review of screenshot accessing digital Notified
digital/e- resource, otherwise it will not
resource be evaluated)
accessed
through
Library
Databases
3. Case Assigned Case from CO3 10 10 5% To be
Presentatio CCI Website MINUT Notified
n ES

4 Sector Report on an assigned sector in CO4 10 5% To be


Report assigned year with relation to Notified
Combinations
5. Mid Term Module 1 & Module 2 CO1, 1 HOUR 60 30% 3rd -7th
CO2 30 Nov 2022
MINUT
ES

6. End Term ALL CO 1-5 3 100 50% 5th Jan -


HOURS 25th Jan
2022
COURSE CLEARANCE & EVALUATION CRITERIA:
As per University norms and Policies
MAKEUP POLICY:
As per University norms and Policies
CONTACT TIMINGS IN THE CHAMBER FOR ANY DISCUSSIONS: Students can meet
after taking prior appointments and during office hours in campus.

Sample Thought Provoking Questions [For Theory Component]:


(Here type sample typical questions for students ’reference)
Course
Sl Bloom’s
Question Marks Outcome
No. Level
No.
Structural remedies can only be imposed either
where there is no equally effective behavioural
remedy or where any equally effective behavioural
1 remedy would be more burdensome for the 10 3 Knowledge
undertaking concerned than the structural remedy.
Critically examine this statement with the help of
relevant case law(s).
CreateMyTrip Ltd. (“CMT”) is an online travel
company which provides online travel services
including airline tickets, domestic and international
holiday packages, hotel reservations, rail, and bus
tickets to both offline travel agents (on special
membership) and end users. Yoyo Hospitalities
Limited (“Yoyo”) is a public company engaged in
the business of providing hospitality options through
leased and franchised hotels, homes and living
2 spaces and booked directly by end users. The assets 20 4 Analysis
and turnover figures of CMT is Rs 5,658 cr and Rs
7,200.5 cr and of Yoyo is Rs 3,572.5 cr and Rs 5,983
cr. CMT has decided to acquire 5% stake in Yoyo
with no voting or veto rights. Critically determine:

A) The relevant market in this case.

B) Whether CMT is required to notify the


transaction to the CCI?

Target set for course Outcome attainment:


Sl. C.O. Course Outcomes Target set for
No No. attainment in
percentage
01 CO1 Demonstrate Understanding of foundations of Competition Law 65
and Policy
02 CO2 Apply the principles of competition law to identify anti- 60
competitive practices.
03 CO3 Propose solutions under the Competition Act 2002 to eliminate 60
practices abusing the dominance practices in a market situation.
04 CO4 Analyze the various Combinations under Competition Law. 65

Signature of the Course Instructor

This course has been duly verified Approved by the D.A.C.

Signature of the Chairperson D.A.C.


Course Completion Remarks &Self-Assessment.[This has to be filled after the completion of
the course]
[Please mention about the course coverage details w.r.t. the schedule prepared and
implemented. Any specific suggestions to incorporate in the course content. Any Innovative
practices followed and its experience. Any specific suggestions from the students about the
content, Delivery, Evaluation etc.]
Activity
Sl. Scheduled Actual Completion
As listed in the course Remarks
No. Completion Date Date
Schedule
1. Research Paper 30/10/2022
2. Literature Review of 30/11/2022
digital/e-resource
3. Case Presentation 22/12/2022
4 Sector Report 30/12/2022

Course Outcome Attainment:


Remarks on
Target set for Actual C.O.
Sl. C.O. attainment &
Course Outcomes attainment in Attainment
No. No. Measures to enhance
percentage In Percentage
the attainment
CO1 Demonstrate Understanding of 65
01 foundations of Competition
Law and Policy.
CO2 Apply the principles of 60
competition law in order to
02
identify anti-competitive
agreements and practices
CO3 Propose solutions under the 60
Competition Act 2002 to
03 eliminate practices abusing the
dominance practices in a
market situation.
CO4 Analyze the various 65
04 Combinations under
Competition Law.

Name and signature of the Course Instructor:

D.A.C. observation and approval:

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