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Vertical Agreements - "A Critique of the Approach Taken under the Competition Act, 2002, with Special Reference to the Indian Automobile Industry"

By: Contributor(s): Publication details: Bangalore NLSIU 2017Description: 230pOnline resources:
Contents:
TABLE OF CONTENT CHAPTER ONE – INTRODUCTION; 1.1 Competition Law: A Rapidly Developing Jurisprudence; 1.2 Horizontal and Vertical Agreements; 1.3 Statement of problem; 1.4 Object Of The Research; 1.5 Scope Of The Research; 1.6 Research Questions; 1.7 Hypothesis; 1.8 Research Methodology; 1.9 Chapter Design; CHAPTER TWO - THE EVOLUTION OF COMPETITION LAW; 2.1 The Common Law doctrine of restraint of trade; 2.2 Contracts in Restraint of Trade under the Indian Contract Act, 1872; 2.3 The relationship between the Common law doctrine of restraint of trade and Competition law; 2.4 Competition Law - Early References; 2.5 Modern Competition Law; 2.5.1 The Sherman Act, 1890; 2.5.2 Competition law in Europe; 2.6 Competition Law in India; 2.6.1 Historical background; 2.6.2 Journey from the MRTP act, 1969to the Competition act 2002; 2.6.3 The Competition Act, 2002; 2.6 Competition Law in India; CHAPTER THREE - VERTICAL AGREEMENTS IN COMPETITION LAW THEIR BENEFITS & DETRIMENTS; 3.1 The Concept of Agreement in Competition Law; 3.2 Horizontal Agreements; 3.3 Vertical Agreements; 3.4 Vertical Integration and Vertical Mergers; 3.5 Categories of Vertical Agreements and their Benefits; 3.6 Antitrust concerns arising out of vertical restraints; CHAPTER FOUR - THE REGULATION OF VERTICAL AGREEMENTS IN US, EUROPE AND INDIA; 4.1 Economic theories regarding vertical restraints; 4.1.2 Economic Theories in the US - From Harvard to Chicago and Beyond; 4.1.3 The European Approach; 4.2 The Legal Treatment of Vertical Restraints in US and Europe and its Evolution; 4.2.1 The US Law; 4.2.2 The European Law; 4.2.3 The United Kingdom; 4.3 The Indian Law on Vertical Agreements; 4.3.1 The legal provisions and their interpretation; 4.3.2 Problems in the Indian law; CHAPTER FIVE - VERTICAL AGREEMENTS IN THE AUTOMOBILE INDUSTRY: THE LAW IN THE US AND THE EU 5.1 Historical Background and Structure of the Automobile Industry 5.1.1 Creation of Car Dealerships 5.1.2 Franchising contracts 5.2 Pro and Anti-competitive Effects of Vertical Restraints in the Automobile Industry; 5.3 Regulation of Vertical Agreements in the US Automobile Industry; 5.3.1 The US Car Market; 5.3.2. Antitrust Laws regulating the US Automobile Industry; 5.4 Vertical Agreements in the European Automobile Industry; 5.4.1 The EU Automotive Industry; 5.4.2. Competition Laws regulating the EU Automobile Industry; CHAPTER SIX - THE LAW RELATING TO VERTICAL AGREEMENTS IN INDIA AND IT'S IMPACT ON THE INDIAN CAR INDUSTRY; 6.1 The Indian Automobile Industry: An Overview; 6.2 The Automotive Aftermarket; 6.3 Competition law's scanner over the Indian Car Industry - The Shamsher Kataria case; 6.3.1 Summary of the Case; 6.3.2 The COMPAT Order; 6.4 The impact of the orders on vertical agreements in the Indian Automobile Industry; 6.5 An Empirical Survey of the Passenger Car Market in Kolkata; 6.6 Key Observations from the Findings; CHAPTER SEVEN – CONCLUSION; 7.1 Problems in the Indian law with respect to regulation of vertical agreements; 7.2 Suggestions towards strengthening the Indian law on vertical agreements; BIBLIOGRAPHY; ANNEXURE 1 - Empirical Study on the Passenger Car Market in Kolkata; ANNEXURE 2 - Relevant Provisions of the Competition Act, 2002; ANNEXURE 3 - Relevant Provisions of The Treaty on The Functioning of The European Union; ANNEXURE 4 - Relevant Provisions of The Commission Regulation No. 330/2010 on The Application of Article 101(3) of The TFEU To Categories of Vertical Agreements and Concerted Practices; ANNEXURE 5 - Relevant Provisions of The Sherman Act (1890).
Summary: Competation law - Evolution Vertical Agreement - Automobile Industry - EU & US Vertical Agreement - US - Europe - India Vertical Agreements - Competation Law
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TABLE OF CONTENT
CHAPTER ONE – INTRODUCTION;
1.1 Competition Law: A Rapidly Developing Jurisprudence;
1.2 Horizontal and Vertical Agreements;
1.3 Statement of problem;
1.4 Object Of The Research;
1.5 Scope Of The Research;
1.6 Research Questions;
1.7 Hypothesis;
1.8 Research Methodology;
1.9 Chapter Design;
CHAPTER TWO - THE EVOLUTION OF COMPETITION LAW;
2.1 The Common Law doctrine of restraint of trade;
2.2 Contracts in Restraint of Trade under the Indian Contract Act, 1872;
2.3 The relationship between the Common law doctrine of restraint of trade and Competition law;
2.4 Competition Law - Early References;
2.5 Modern Competition Law;
2.5.1 The Sherman Act, 1890;
2.5.2 Competition law in Europe;
2.6 Competition Law in India;
2.6.1 Historical background;
2.6.2 Journey from the MRTP act, 1969to the Competition act 2002;
2.6.3 The Competition Act, 2002;
2.6 Competition Law in India;
CHAPTER THREE - VERTICAL AGREEMENTS IN COMPETITION LAW THEIR BENEFITS & DETRIMENTS;
3.1 The Concept of Agreement in Competition Law;
3.2 Horizontal Agreements;
3.3 Vertical Agreements;
3.4 Vertical Integration and Vertical Mergers;
3.5 Categories of Vertical Agreements and their Benefits;
3.6 Antitrust concerns arising out of vertical restraints;
CHAPTER FOUR - THE REGULATION OF VERTICAL AGREEMENTS IN US,
EUROPE AND INDIA;
4.1 Economic theories regarding vertical restraints;
4.1.2 Economic Theories in the US - From Harvard to Chicago and Beyond;
4.1.3 The European Approach;
4.2 The Legal Treatment of Vertical Restraints in US and Europe and its Evolution;
4.2.1 The US Law;
4.2.2 The European Law;
4.2.3 The United Kingdom;
4.3 The Indian Law on Vertical Agreements;
4.3.1 The legal provisions and their interpretation;
4.3.2 Problems in the Indian law;
CHAPTER FIVE - VERTICAL AGREEMENTS IN THE AUTOMOBILE
INDUSTRY: THE LAW IN THE US AND THE EU
5.1 Historical Background and Structure of the Automobile Industry
5.1.1 Creation of Car Dealerships
5.1.2 Franchising contracts
5.2 Pro and Anti-competitive Effects of Vertical Restraints in the Automobile Industry;
5.3 Regulation of Vertical Agreements in the US Automobile Industry;
5.3.1 The US Car Market;
5.3.2. Antitrust Laws regulating the US Automobile Industry;
5.4 Vertical Agreements in the European Automobile Industry;
5.4.1 The EU Automotive Industry;
5.4.2. Competition Laws regulating the EU Automobile Industry;
CHAPTER SIX - THE LAW RELATING TO VERTICAL AGREEMENTS IN INDIA
AND IT'S IMPACT ON THE INDIAN CAR INDUSTRY;
6.1 The Indian Automobile Industry: An Overview;
6.2 The Automotive Aftermarket;
6.3 Competition law's scanner over the Indian Car Industry - The Shamsher Kataria case;
6.3.1 Summary of the Case;
6.3.2 The COMPAT Order;
6.4 The impact of the orders on vertical agreements in the Indian Automobile Industry;
6.5 An Empirical Survey of the Passenger Car Market in Kolkata;
6.6 Key Observations from the Findings;
CHAPTER SEVEN – CONCLUSION;
7.1 Problems in the Indian law with respect to regulation of vertical agreements;
7.2 Suggestions towards strengthening the Indian law on vertical agreements;
BIBLIOGRAPHY;
ANNEXURE 1 - Empirical Study on the Passenger Car Market in Kolkata;
ANNEXURE 2 - Relevant Provisions of the Competition Act, 2002;
ANNEXURE 3 - Relevant Provisions of The Treaty on The Functioning of The European Union;
ANNEXURE 4 - Relevant Provisions of The Commission Regulation No. 330/2010 on The Application of Article 101(3) of The TFEU To Categories of Vertical Agreements and Concerted Practices;
ANNEXURE 5 - Relevant Provisions of The Sherman Act (1890).

Competation law - Evolution Vertical Agreement - Automobile Industry - EU & US Vertical Agreement - US - Europe - India Vertical Agreements - Competation Law