Competition Law in India

Competition Law in India PDF

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 in India

Competition Law in India PDF

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 PDF

Author: T. Ramappa

Publisher: Oxford University Press, USA

Published: 2006

Total Pages: 332

ISBN-13:

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This book is a detailed and critical examination of India's Competition Act, 2002, enacted to fulfill the country's obligations under the World Trade Agreements.

Competition Law in India

Competition Law in India PDF

Author: Srinivasan Parthasarathy

Publisher:

Published: 2012-11

Total Pages: 0

ISBN-13: 9789041145819

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Derived from the renowned multi-volume International Encyclopaedia of Laws,this practical analysis of competition law and its interpretation in Indiacovers every aspect of the subject - the various forms of restrictiveagreements and abuse of dominance prohibited by law and the rules on mergercontrol; tests of illegality; filing obligations; administrative investigationand enforcement procedures; civil remedies and criminal penalties; and raisingchallenges to administrative decisions. Lawyers who handle transnationalcommercial transactions will appreciate the explanation of fundamentaldifferences in procedure from one legal system to another, as well as theinternational aspects of competition law. Throughout the book, the treatmentemphasizes enforcement, with relevant cases analysed where appropriate. Aninformative introductory chapter provides detailed information on theeconomic, legal, and historical background, including national andinternational sources, scope of application, an overview of substantiveprovisions and main notions, and a comprehensive description of theenforcement system including private enforcement. The book proceeds to adetailed analysis of substantive prohibitions, including cartels and otherhorizontal agreements, vertical restraints, the various types of abusiveconduct by the dominant firms and the appraisal of concentrations, and thengoes on to the administrative enforcement of competition law, with a focus onthe antitrust authorities' powers of investigation and the right of defence ofsuspected companies. This part also covers voluntary merger notifications andclearance decisions, as well as a description of the judicial review ofadministrative decisions.Its succinct yet scholarly nature, as well as the practical quality of theinformation it provides, make this book a valuable time-saving tool forbusiness and legal professionals alike. Lawyers representing parties withinterests in India will welcome this very useful guide, and academicsand researchers will appreciate its value in the study of international andcomparative competition law.

Taxmann's Indian Competition Law – Section-wise Commentary on Substantive & Procedural elements and Case Laws from the Indian, EU, UK & USA Courts

Taxmann's Indian Competition Law – Section-wise Commentary on Substantive & Procedural elements and Case Laws from the Indian, EU, UK & USA Courts PDF

Author: Adv. Gautam Shahi & Dr. Sudhanshu Kumar

Publisher: Taxmann Publications Private Limited

Published: 2021-07-24

Total Pages: 22

ISBN-13: 9390831784

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Taxmann's Indian Competition Law is a section-wise commentary on Competition Law. What sets this book apart is the unique combination of the study of both substantive and procedural elements of Competition Law in India. The objective of this book is three-fold: · Focusing on Indian Competition Law, elucidating the Indian jurisprudence and then comparing it with positions taken by European Union (EU) and the United States · This book does not get restricted to the major provisions/broader issues of competition law but also highlights economic, technical and administrative concepts/issues that are relevant in the practical application and interpretation of competition law · This book does not become a technical treatise but a document that a wider audience can read and understand, including lawyers, judges, academicians, lawmakers, market regulators, & entrepreneurs. The Present Publication is the Latest Edition, authored by Adv. Gautam Shahi & Dr. Sudhanshu Kumar, amended up to 30th May 2021, with the following noteworthy features: · [Detailed Study on Fundamental Issues] including: o Anti-Competitive Agreements o Abuse of Dominant Position o Combinations (Acquisitions and Mergers) · [Evolution of Competition Jurisprudence] in India · [Comparitive Assessment] of major issues in Indian competition law with vis-à-vis EU, UK, and the USA · [Exhaustive Analysis] on Rules, Regulations, Guidance issued by CCI & Case Laws decided by the CCI, COMPAT (now NCLAT), High Courts, and the Supreme Court · [Interaction of Competition Act with other Laws] such as: o Administrative Law o Intellectual Property Laws o Telecom Laws

Competition Law Today

Competition Law Today PDF

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".

Competition Law in India

Competition Law in India PDF

Author: T. Ramappa

Publisher: Oxford University Press, USA

Published: 2009

Total Pages: 415

ISBN-13: 0198063539

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The Competition Act, 2002, enacted to fulfill India's obligations under the World Trade Organization agreements, is India's first comprehensive law dealing with unfair competition and anti-trust issues. This book provides a holistic picture of the developments that led to the enactment of the Act, the observations of the Committee that recommended the competition policy and the means of enforcing the law. After discussing the basic principles of competition law, it presents a detailed study of the provisions of the statute relating to anti-competitive agreements, abuse of dominance, and combinations, or acquisitions and mergers. The chapter on Enforcement shows how competition issues dealt with in other countries. The author argues that although anti-trust or anti-monopoly issues are the same the world over, India has some special features as it has been a 'mixed economy' since independence and its public sector has only recently been opened up to participation by private enterprise. This edition includes an addendum that fully explains the provisions of the Competition (Amendment) Act, 2007 and changes brought about by them in the law. It also discusses the controversy regarding the appointment of the members of the Competition Commission that ultimately delayed the progress of the law.