Library Catalogue
Competition law in India
Roy Abir
Competition law in India - Lucknow Eastern Law House 2008 - 522p
Contents:
Preface; Table of Cases;
CHAPTER-1-Introduction;
1-Development of competition law;
•1.1-Socialism and competition.
*1.2-Journey of competition law.
2-Classical and neo-classical competition.
3-Competition law and common law.
4-Why competition?.
5-Economic rationale for competition-Perfect Competition versus Monopoly.
6-Goals of competition.
6.1-Classical goals.
6.2-Specific goals.
7-Competition for efficiency.
8-Competition and consumer welfare.
9-Promotion of small business enterprises.
10-Competition and Darwinism.
11-Policy debate-Harvard versus Chicago School.
2-Competition Law In India Evolutlon, Development & Analysls.
1-Introduction.
2-Impact of socialism-Reforms.
CHAPTER 2-Competition Law In India Evolution, Development & Analysts-continued?.
3-Monopolies and Restrictive Trade-Practices Act 1969.
3.1-Objectives of the MRTP Act.
3.2-Restrictive trade practices.
3.3-Unfair trade practice.
3.4-Amendment in MRTP Act in 1991 and shift in the emphasis.
3.5-Doctrine guiding the MRTP.
3.6-Failure of MRTP Act.
4-Enacting Competition Act 2002.
4.1-Competition Act vis-a-vis MRTP Act.
4.2-Objectives of the Competition Act 2002,
3-Anti-competitive Agreements and Competition Law.
1-Rationale for prohibition of anti-competitive agreements.
1.1-Contours of anti-competitive agreement.
1.2-Concerted practice.
1.3 Burden of proof to prove violation.
2.Types of agreements.
2.1-Horizontal agreements and anti-competitive behavior.
2.2-Vertical agreements and f anti-competitive behavior.
3-Per se illegal practices.
3.1-Per se illegal agreements on price.
3.2-Per se illegal non-price agreements.
4-Rule of reason.
5-Exemptions.
5.1-Improving the production or distribution of goods or to promoting technical or economic progress.
5.2-Allowing the consumers a fair share of the resultant benefits.
CHAPTER-4-Abuse of Dominant Position and Competition Law.
1-Rationale for prohibition of abuse of dominant position.
2-Assessing relevant market.
2.1-Contours of the relevant product market.
2.2-Relevant geographical market.
3-Identifying existence of dominant position.
4-Determining "abuse" of "dominance".
5-Instruments of abuse.
5.1-Predatory pricing.
5.2-Price discrimination.
5.3-Essential facilities.
5.4-Requirements contracts.
5.5-Tying and bundling agreements.
6-Remedies in case of abuse of dominant position.
6.1-Discontinuation of abuse/penalties.
6.2 Damages.
5. Merger and Competition Law.
1-Types óf mergers.
1.1-Horizontal mergers.
1.2-Non-horizontal mergers.
2. Pre-notification.
2.1-Exempted transactions.
2.2-The filing requirement.
3-Analyzing mergers and competition law.
3.1-Market definition.
3.2-Market structure and concentration.
3.3-Non-coordinated effects.
3.4-Co-ordinated effects.
3.5-Market entry.
3.6-Failing firm.
4-Role of efficiencies as a defense.
5-General Electric-Honeywell merger: difference in view point of EU and USA approach for testing mergers Dichotomy in EU and USA decisions.
6-Merger analysis in India.
CHAPTER-6-Intellectual Property and Competition Law
1 Functional aspect of intellectual property and competition law.
1.1 Rationale for intellectual property rights.
1.2 Rationale for competition law
1.3 Intellectual property and competition law: working in tandem.
1.4 Intellectual property and competition law: friends in disagreement.
2 Economic theory of innovation and competition.
2.1 Theory of monopolies leading to invention
2.2 Baxter's comparability test
2.3 Bowman's "competitive superiority" test.
2.4 Kaplow's ratio" test
3 TRIPS and competition issues
4 Essential facilities doctrine.
4.1 Essential facilities doctrine and refusal to deal/license
5 Licensing of intellectual property rights
5.1 Requirements of a valid license
5.2 Per se rule
5.3 Rule of reason.
5.4 Anti-trust analysis of licensing provisions
6 Anti-competitive settlements of intellectual property dispute.
6.1 Patent pools
6.2 Cross licensing
6.3 Grant-backs.
6.4 Tying agreements.
7 Intellectual Property Rights and Competition Act 2002 .
7.1 Application of section 3 and IPR's.
7.2 Penalty provisions
7-Competition Law and International Trade
1-Introduction.
CHAPTER-7-Competition Law and International Trade-continued.
2-International Trade and Competition Policy- Agreements and Disagreements.
3-Competition policy at international level.
3.1-Initial efforts at the Havana Charter.
3.2-Issues at the Singapore Ministerial Conference.
3.3-Efforts at the UNCTAD.
3.4-The Organization for Economic Co-operation and Development's (OECD's) Committee on Competition Law and Policy.
3.5-GATT/WTO connection.
4-International Competition Policy Agreements.
4.1 Positive comity.
4.2-Coordination and co-operation.
4.3-Exchange of information.
4.4-Negative comity.
5-Jurisdiction Issues in Cross border Anti-competitive Activities and Reach of Competition Laws.
5.1-Extraterritorial application of US Anti-trust Law.
5.2-Extraterritorial application of European Anti-trust Law.
5.3-Extraterritorial application of Indian Competition Law.
6-International effects of the cartels and the possible remedies under International or Domestic Competition Law.
6.1-International cartels.
6.2-Hard core cartels.
6.3-Export cartels.
7-Conclusion.
8-Competition Authorities.
1-Necessity of an effective Competition Law Regime.
1.1-The roles and tools of competition authorities.
2-Competition Commission of India.
CHAPTER 8-Competition Authorities-continued.
3-Regulatory mechanism of CCI.
4-Impairment in the independence of CCI.
5-Notable Features of the CCI and its operations.
5,1-Acts taking place outside India but having an effect on competition in India.
5.2-Synergized relationship between the sectoral regulators and Competition Commission of India.
5.3-Commission has powers despite other laws.
5.4-Commission has powers of civil court.
5.5-Execution of orders of Commission imposing monetary penalty.
5.6-Compensation in case of contravention of orders of Commission.
5.7-Penalty for not giving notice under section 6(2).
5.8-Penalty for failure to comply with directions of Commission and Director-General.
5.9-Penalty for making false statement or omission to furnish material information.
5.10-Lesser penalty if full disclosure made, in case of cartel.
6 Appointment of Director-General.
7-Competition Appellate Tribunal.
7.1-Formation of CAT.
7.2-Functioning of CAT.
7.3-Powers of CAT.
7.4-Awarding compensation by CAT.
Appendices.
APPENDIX.
1. The Competition Act, 2002.
2. High-Level Committee on Competition Policy 281-384 and Law (the Raghavan Committee)
Index.
9788171772100
1. Competition Law
343.072 / ROY
Competition law in India - Lucknow Eastern Law House 2008 - 522p
Contents:
Preface; Table of Cases;
CHAPTER-1-Introduction;
1-Development of competition law;
•1.1-Socialism and competition.
*1.2-Journey of competition law.
2-Classical and neo-classical competition.
3-Competition law and common law.
4-Why competition?.
5-Economic rationale for competition-Perfect Competition versus Monopoly.
6-Goals of competition.
6.1-Classical goals.
6.2-Specific goals.
7-Competition for efficiency.
8-Competition and consumer welfare.
9-Promotion of small business enterprises.
10-Competition and Darwinism.
11-Policy debate-Harvard versus Chicago School.
2-Competition Law In India Evolutlon, Development & Analysls.
1-Introduction.
2-Impact of socialism-Reforms.
CHAPTER 2-Competition Law In India Evolution, Development & Analysts-continued?.
3-Monopolies and Restrictive Trade-Practices Act 1969.
3.1-Objectives of the MRTP Act.
3.2-Restrictive trade practices.
3.3-Unfair trade practice.
3.4-Amendment in MRTP Act in 1991 and shift in the emphasis.
3.5-Doctrine guiding the MRTP.
3.6-Failure of MRTP Act.
4-Enacting Competition Act 2002.
4.1-Competition Act vis-a-vis MRTP Act.
4.2-Objectives of the Competition Act 2002,
3-Anti-competitive Agreements and Competition Law.
1-Rationale for prohibition of anti-competitive agreements.
1.1-Contours of anti-competitive agreement.
1.2-Concerted practice.
1.3 Burden of proof to prove violation.
2.Types of agreements.
2.1-Horizontal agreements and anti-competitive behavior.
2.2-Vertical agreements and f anti-competitive behavior.
3-Per se illegal practices.
3.1-Per se illegal agreements on price.
3.2-Per se illegal non-price agreements.
4-Rule of reason.
5-Exemptions.
5.1-Improving the production or distribution of goods or to promoting technical or economic progress.
5.2-Allowing the consumers a fair share of the resultant benefits.
CHAPTER-4-Abuse of Dominant Position and Competition Law.
1-Rationale for prohibition of abuse of dominant position.
2-Assessing relevant market.
2.1-Contours of the relevant product market.
2.2-Relevant geographical market.
3-Identifying existence of dominant position.
4-Determining "abuse" of "dominance".
5-Instruments of abuse.
5.1-Predatory pricing.
5.2-Price discrimination.
5.3-Essential facilities.
5.4-Requirements contracts.
5.5-Tying and bundling agreements.
6-Remedies in case of abuse of dominant position.
6.1-Discontinuation of abuse/penalties.
6.2 Damages.
5. Merger and Competition Law.
1-Types óf mergers.
1.1-Horizontal mergers.
1.2-Non-horizontal mergers.
2. Pre-notification.
2.1-Exempted transactions.
2.2-The filing requirement.
3-Analyzing mergers and competition law.
3.1-Market definition.
3.2-Market structure and concentration.
3.3-Non-coordinated effects.
3.4-Co-ordinated effects.
3.5-Market entry.
3.6-Failing firm.
4-Role of efficiencies as a defense.
5-General Electric-Honeywell merger: difference in view point of EU and USA approach for testing mergers Dichotomy in EU and USA decisions.
6-Merger analysis in India.
CHAPTER-6-Intellectual Property and Competition Law
1 Functional aspect of intellectual property and competition law.
1.1 Rationale for intellectual property rights.
1.2 Rationale for competition law
1.3 Intellectual property and competition law: working in tandem.
1.4 Intellectual property and competition law: friends in disagreement.
2 Economic theory of innovation and competition.
2.1 Theory of monopolies leading to invention
2.2 Baxter's comparability test
2.3 Bowman's "competitive superiority" test.
2.4 Kaplow's ratio" test
3 TRIPS and competition issues
4 Essential facilities doctrine.
4.1 Essential facilities doctrine and refusal to deal/license
5 Licensing of intellectual property rights
5.1 Requirements of a valid license
5.2 Per se rule
5.3 Rule of reason.
5.4 Anti-trust analysis of licensing provisions
6 Anti-competitive settlements of intellectual property dispute.
6.1 Patent pools
6.2 Cross licensing
6.3 Grant-backs.
6.4 Tying agreements.
7 Intellectual Property Rights and Competition Act 2002 .
7.1 Application of section 3 and IPR's.
7.2 Penalty provisions
7-Competition Law and International Trade
1-Introduction.
CHAPTER-7-Competition Law and International Trade-continued.
2-International Trade and Competition Policy- Agreements and Disagreements.
3-Competition policy at international level.
3.1-Initial efforts at the Havana Charter.
3.2-Issues at the Singapore Ministerial Conference.
3.3-Efforts at the UNCTAD.
3.4-The Organization for Economic Co-operation and Development's (OECD's) Committee on Competition Law and Policy.
3.5-GATT/WTO connection.
4-International Competition Policy Agreements.
4.1 Positive comity.
4.2-Coordination and co-operation.
4.3-Exchange of information.
4.4-Negative comity.
5-Jurisdiction Issues in Cross border Anti-competitive Activities and Reach of Competition Laws.
5.1-Extraterritorial application of US Anti-trust Law.
5.2-Extraterritorial application of European Anti-trust Law.
5.3-Extraterritorial application of Indian Competition Law.
6-International effects of the cartels and the possible remedies under International or Domestic Competition Law.
6.1-International cartels.
6.2-Hard core cartels.
6.3-Export cartels.
7-Conclusion.
8-Competition Authorities.
1-Necessity of an effective Competition Law Regime.
1.1-The roles and tools of competition authorities.
2-Competition Commission of India.
CHAPTER 8-Competition Authorities-continued.
3-Regulatory mechanism of CCI.
4-Impairment in the independence of CCI.
5-Notable Features of the CCI and its operations.
5,1-Acts taking place outside India but having an effect on competition in India.
5.2-Synergized relationship between the sectoral regulators and Competition Commission of India.
5.3-Commission has powers despite other laws.
5.4-Commission has powers of civil court.
5.5-Execution of orders of Commission imposing monetary penalty.
5.6-Compensation in case of contravention of orders of Commission.
5.7-Penalty for not giving notice under section 6(2).
5.8-Penalty for failure to comply with directions of Commission and Director-General.
5.9-Penalty for making false statement or omission to furnish material information.
5.10-Lesser penalty if full disclosure made, in case of cartel.
6 Appointment of Director-General.
7-Competition Appellate Tribunal.
7.1-Formation of CAT.
7.2-Functioning of CAT.
7.3-Powers of CAT.
7.4-Awarding compensation by CAT.
Appendices.
APPENDIX.
1. The Competition Act, 2002.
2. High-Level Committee on Competition Policy 281-384 and Law (the Raghavan Committee)
Index.
9788171772100
1. Competition Law
343.072 / ROY