Competition Law in India
Competition Law in India

Author: Abir Roy

Publisher: Kluwer Law International B.V.

Published: 2024-03-12

Total Pages: 538

ISBN-13: 9403531479

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In the last few years, the Competition Commission of India has been extremely assertive in its enforcement outlook, especially in the digital markets. Additionally, the relevance of competition law in India continues to grow in importance as investment activity increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting the key aspects of Indian competition law, a leading competition law practitioner describes elements of Indian competition law encompassing the following: the dual regulatory-judicial nature of the Competition Commission; investigatory powers of the Commission’s Director General; mandated business conduct policies (e.g., active risk management procedures); availability of sanctions, remedies, and private actions; cartels and leniency programmes; extraterritorial application of the Competition Commission; merger review; pricing and non-pricing abuse; approach in digital markets; appeal process; fines – companies, directors and officers; fines for non-cooperation or furnishing false information; and liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book’s practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is increasingly becoming one of the most important in the international recognition and enforcement of competition law. As a guide to the ‘landscape’ of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.

Competition Law in India
Competition Law in India

Author: T. Ramappa

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780198097273

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India, till 2002, did not have a law dealing specifically with anti-trust issues. It was in this context that a separate law dealing with competition and antitrust issues was considered necessary and the Competition Act, 2002, was passed. Enacted to fulfil India's obligations under the WTO agreements, the Act replaced the then existing Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) which was considered inadequate and archaic for the purpose of meeting the objectives of competition policy. This substantially revised edition discusses the Competition Act, 2002, and subsequent amendments to it, in 2007 and 2009. Following the 2007 amendment, the Competition Commission became a market regulator and the Competition Appellate Tribunal was established. The 2009 amendment provided for a mechanism to dispose of the cases pending before the MRTP Commission. The book makes a detailed study of key issues including anti-competitive agreements, abuse of dominant position, and combinations (acquisitions and mergers). It further analyses the roles of authorities such as the Competition Commission of India, the Director-General, and the Competition Appellate Tribunal in enforcing the provisions of the Act. The book also undertakes a comparative study of competition law in the US, UK, and EU with emphasis on important judgments.

Competition Law Today
Competition Law Today

Author: Vinod Dhall

Publisher:

Published: 2019-02-28

Total Pages: 656

ISBN-13: 9780199486663

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Competition law has witnessed phenomenal growith in in recent years, especially since the early 1990s. As an increasing number of countries have undertaken economic reforms and embraced the market economy, many of them have introduced competition law to maintain competition in their markets.With the growing integration of the global economy, any anti-competitive activity can have effects across national borders. Competition law has, therefore, become an important part of international trade dialogue. Cooperation on competition issues, therefore, figures in an increasing number ofbilateral or regional trade agreements. The book provides an overview of the competition law regime with particular focus on India. It broadly covers the history, objectives, and substantive provisions of law, its relationship with regulated sectors of the market, the economics of law, its international dimension, and competition law indeveloping countries. The second edition provides an updated account of law and incorporates changes that have taken place since the publication of the first edition. It includes two new chapters: "Reviewing Competition Regime in Pakistan" and "Merger Control Regime under the Competition Law inIndia".

Conceptual Foundations of Competition Law in India
Conceptual Foundations of Competition Law in India

Author: Vasanth Adithya. J

Publisher: Notion Press

Published: 2021-01-30

Total Pages: 162

ISBN-13: 1649838980

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The liberalization of the Indian economy opened the market to foreign players, creating the need for legislation to regulate the competitive environment and prevent anti-competitive practices of undertakings that would have an impact on markets. Thus, the Competition Act, 2002 was enacted, repealing the erstwhile Monopolies and Restrictive Trade Practices Act, 1969, which had become archaic and did not suit the present needs. “Conceptual Foundations of Competition Law in India” is a succinct text on the Competition Act, 2002. It encapsulates the legal provisions pertaining to cartels, abuse of dominance and combination regulation along with relevant case law in India. It provides a comparative analysis of competition law or anti-trust law in various jurisdictions, including the U.S. and the E.U. This book is a ready reckoner for corporate lawyers, students as well member of the business community in whose interest the law has been enacted.

Multi-dimensional Approaches Towards New Technology
Multi-dimensional Approaches Towards New Technology

Author: Ashish Bharadwaj

Publisher: Springer

Published: 2018-07-23

Total Pages: 350

ISBN-13: 981131232X

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This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Competition Law in India
Competition Law in India

Author: Parthasarathy

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041152961

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in India covers every aspect of the subject and– the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authoritiesand’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competition Law and Development
Competition Law and Development

Author: D. Daniel Sokol

Publisher: Stanford University Press

Published: 2013-09-11

Total Pages: 329

ISBN-13: 0804787921

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The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.

Competition Law Enforcement in the BRICS and in Developing Countries
Competition Law Enforcement in the BRICS and in Developing Countries

Author: Frederic Jenny

Publisher: Springer

Published: 2016-06-13

Total Pages: 363

ISBN-13: 331930948X

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This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Blockchain + Antitrust
Blockchain + Antitrust

Author: Schrepel, Thibault

Publisher: Edward Elgar Publishing

Published: 2021-09-21

Total Pages: 304

ISBN-13: 1800885539

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This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.