000			07266nam a2200217Ia 4500
999			_c28759 _d28759
003			OSt
005			20201224112043.0
008			160316s2008 xxu||||| |||| 00| 0 eng d
020			_a9788171772100
040			_cNLS
082			_a343.072 _bROY-2
100			_aRoy Abir
245			_aCompetition law in India
260			_aLucknow _bEastern Law House _c2008
300			_a522p
365			_b Rs. 395
505			_aContents: 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.
650			_a1. Competition Law
700			_aKumar Jayant _a
942			_2ddc _cBK