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Competition Law in India - Policy, Issues and Developments

Competition Law in India - Policy, Issues and Developments

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Description
India, till 2002, did not have a law dealing specifically with antitrust 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 (the 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 judgements.
This revised editionj is essential reading and reference matrial for lawyers, advanced students of law and business management, economists, advisors to industry, legal journalists, and informed general readers.
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Contents
1.    An Introduction and Overview
       The Competition Act, 2002
       GATS
       TRIPS
       The Competition Act - An Overview
       Enforcement
       Competition Advocacy
       Some Issues in Enforcement
2.    Anti-Competitive Ageements
       Section 3 - Substance
       Comparative Law
       Section 3 - The Elements
       Section 3(2)
       Section 3(3) Cartels and Similar Groups
       Section 3 (4)
       Sectiion 3(5) - Exercise of Intellectual Property
       Enforcement Povisions
3.    Abuse of a Dominant Position
       Section 4 - Dominant Position Abuse
       Comparative Law
       Ascertaining the Dominant Position - Statutory
       The Process of Dealing with Abuse of a Dominant Position
4.    Combination
       Acquisition of Shares
       Mergers-the Companies Act, 1956
       The Need for Control of Mergers and Acquisitions
       Combination-the Legal Framework
       Comparative Law
       Regulation of Combinations - Section 6
       Definitions under the Competition Act, 2002
       Control of Anti-competitive Combinations
       Appreciable Adverse Effect on Competition
       Guidelines for Evaluating Effects of a Merger on Competition
       The 2002 Act
       Joint Ventures
       Merger
       Regulation of Combinations Under the Competition Act
5.    Enforcement
       Authorities Enforcing the Competition Act, 2002
Epilogue
Appendix
Bibliography
Case Index
General Index
About the Author
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Author details
T. Ramappa
, a lawyer based in Chennai, is a legal consultant with a deep and long experience in company law and corporate commercial matters such as mergers, joint ventures, technology transfer agreements, equipment purchase contracts, licensing of intellectual property rights, their infringements, and arbitration. His articles on some of these subjects have been published in leading journals and newspapers in India. Some of his earlier published books include Intellectual Property Rights under WTO: Tasks before India (Wheeler Publishing: 2000), Legal Issues in Electronic Commerce (Macmillan India: 2002), and Intellectual Property Rights Law in India (Asia Law House: 2011). He has also been, for a long time, an associate member of the Institute of Company Secretaries of India (ICSI).
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