CLP1050 | Competition Law & Practice in India

This course provides an introduction to competition law in India, with a focus on the perspective of a practitioner. We will briefly analyze the theoretical underpinnings of competition/antitrust law globally, and understand the need for and objective of a competition regime in a developing economy like India. We will then examine the substantive provisions of the (Indian) Competition Act, 2002 (Competition Act), along with judicial precedent in relation to these provisions, with a view to understand how the Indian competition regime has evolved. This will include reviewing of the penalty provisions under the Competition Act and the way they have been applied, as well as the judicial review of the CCI’s conduct. We will also consider at the interface between the Competition Commission of India (CCI) and various sectoral regulators. We will then examine in greater detail the application of competition law to high technology markets, and proposed amendments to the competition regime to address the changing nature of the markets being scrutinized across the world.

Classes will largely be conducted in discussion mode (with some initial lectures), with emphasis on critically reading and reviewing case law. Reading materials will primarily comprise of case law, and some secondary sources (articles), along with the course text books set out below.