Course Outline
Outline of the Certificate and Diploma Courses on
Competition Policy and Law
First four modules form part of the Certificate Course on Competition Policy and Law. All the eight modules would be covered in the Diploma Course on Competition Policy and Law.

1: Markets and Competition

This module provides an outlook of the economy in which the competition law operates. It introduces competition policy and concepts of competition law to the readers, while discussing in detail the effect of various business legislations and market structures on the competition processes.

  • Unit 1: Introduction to Business Laws in India

The first unit helps the participants to understand the business environment of India and appreciate the interaction between various laws governing business entities and the competition law.

  • Unit 2: Introduction to Economic Concepts

The second unit deals with the basic concepts of economics which are critical in understanding the market structure and behaviour of different market players in the economy.

  • Unit 3: Introduction to Competition Law and Competition Policy

The third unit introduces the participants to competition law and competition policy which will help them in analysing various issues coming under the domain.

Module 2: Evolution of Competition Law and Policy

This module will cover the evolution and emergence of competition law at global level and emergence of related regional frameworks. It will also cover the growth and changes related to competition law in emerging economies. Evolution of Indian competition law and its salient features will be dealt in detail.

  • Unit 1: Evolution of Competition Law and Policy: Global Experience

The first unit deals with the discussion on the evolution of competition law and policy globally. This unit will help the participants to understand the relative similarities and variations in the competition laws across the national or regional boundaries.

  • Unit 2: Introduction to Competition Law and Policy in India

The second unit discusses the paradigm shift from the earlier MRTP regime to current competition law regime in India. It will cover the reasons which led to this shift and will also highlight the steps being taken to adopt a competition policy framework in India.

  • Unit 3: Salient Features of Indian Competition Act

The third unit will provide salient features of the Indian Competition Act 2002. Dealing with the administrative and organisational set up under the Act, it will help the participants to understand the working of the competition law and analysing substantive issues coming under the domain.

Module 3: Substantive Provisions of Indian Competition Act

This module seeks to achieve an understanding of the substantive provisions of the Competition Act, 2002. The three areas of abuse of dominance, anti - competitive agreements and regulation of combinations have been dealt in detail.

  • Unit 1: Anticompetitive Agreements

The first unit details the issue of anti-competitive agreements, Horizontal and Vertical types of anti-competitive agreements, effect of these agreements on competition and examples and case laws related to the different types of anti-competition agreements. The unit will also discuss standards of proof and tests for analysing the anticompetitive effects of anti-competitive agreements.

  • Unit 2: Abuse of Dominance

The second unit will help participants understand the provisions related to abuse of dominance in India. The unit holds a detailed discussion on meaning of ‘Dominant Position’, factors that are considered for determining ‘Dominance’ and what constitutes ‘Abuse of Dominance’. The discussions in the unit will also include the different forms of abuses by a dominant enterprise with related examples and case laws.

  • Unit 3: Regulation of Combinations

This unit will provide the salient features of the Indian Competition Act dealing with regulation of combinations. First discussing the types of combinations (mergers, amalgamation and acquisitions), the unit defines the need for regulation. The unit also compares the Indian scenario with international with respect to regulation of combinations. Provisions of the Competition Act 2002 with respect to determining ‘appreciable adverse effect on competition’ and the procedure for regulatory approvals from CCI are discussed in detail.

Module 4: Indian Competition Act - Substantive Provisions

This module will deal with the interface of competition law with business strategy, interface of competition authority with the other regulatory authorities present in India and other emerging issues related to the competition law in India.

  • Unit 1: Interface between Competition Law and Business Strategy

The first unit deals with the discussion related to interface of competition law with business strategy. It will introduce the readers to the various aspects of business strategy and then will relate those aspects with the competition law. It will also explain the importance of taking effective measures to comply with competition law in light of internationalisation of competition law while introducing the concepts of competition compliance programme.

  • Unit 2: Regulation of Agreements in India

The second unit will help participants understand the complex interface and overlap between the competition commission and the sectoral regulators. It will also cover the international trends and approaches in other jurisdictions to bring out various options for resolving the conflicts arising due to overlap between the competition authority and sector regulators.

  • Unit 3: Regulation of Combinations in India

The third unit will cover various emerging issues in light of enforcement of the Indian Competition Act. It will also cover the advocacy approach of the CCI, approach in levying penalties and other issues that emerged after enforcement of the Act. Other important topics like issue of relevant turnover, vexatious litigation as an antitrust concern and interface with IP will also be discussed briefly in this unit.

Module 5: Advanced Analysis of Anticompetitive Agreements

Module 5 is an advanced analysis of anti-competitive agreements as are dealt under the Competition Act. This module draws upon the developments in two major jurisdictions i.e. US and EU along with relevant examples from other jurisdictions whenever required. It would further discuss the exemptions and other important provisions relating to prohibition of anti-competitive agreements like leniency provisions, export cartels, joint venture agreements etc.

  • Unit 1: Horizontal Agreements

The first unit deals with horizontal agreements that would come under the wrath of Competition Commission for being anti-competitive. The rule of Per se and the Rule of Reason have been discussed which apprises the participants of the approach used by CCI in dealing with anti-competitive agreements, whereby the rule of Per se applies in case of horizontal agreements. Since it is difficult to unearth cartels and other anti-competitive horizontal agreements, this unit would explore aspects of evidentiary requirements and interpretations put forth by competition agencies while establishing a case.

  • Unit 2: Vertical Agreements

The second unit discusses vertical agreements in detail. Meaning of ‘vertical restraint’, types of vertical restraints, their positive and negative impact on market, developing jurisprudence on the law of vertical restraints, application of Rule of Reason to establish an anti-competition case involving vertical agreements and US and EU framework of dealing with vertical restraints are all covered under this unit.

  • Unit 3: Exemptions and Other Provisions

The third unit discusses exceptions to the prohibitions on anti-competitive agreements and some other important provisions.

Module 6: Advanced Analysis of Abuse of Dominance Provisions

This module specifically focuses on the components of advanced analysis of abuse of dominance provisions. The detailed framework for dealing with abuse of dominance in India while drawing upon the developments in two major jurisdictions i.e. US and EU along with relevant examples from other jurisdictions wherever required.

  • Unit 1:Understanding Relevant Market

The first unit deals with the definition of relevant market in Competition Act 2002, monopoly power with reference to demand side substitution, supply side substitution in the context of cross elasticity of demand, and dominant firm; definition of relevant geographic market; factors determining relevant market; obtaining relevant information; economic tests to define relevant market; obtaining relevant information; economic tests to define relevant market; alternative methodologies and relevant market definition for services.

  • Unit 2: Assessing Dominance

The second unit discusses the definition of market power and assessing the dominance and monopoly power, market shares and assessing and interpreting of market shares; economic and legal approaches to assessing the dominance; market share based presumptions and safe harbours; expansion and entry analysis and the testing of market power for assessing dominance.

  • Unit 3: Abusing Dominant Position

The third unit will discuss various types of abuses and how they have been dealt under the relevant statute in India. The Competition Act made a departure from the MRTP Act in dealing with abuse of dominance cases. This change is reflective of economic reasoning and in line with the practices followed in several other jurisdictions. The new Act also provides explicit definitions for such abuse. This unit would discuss these issues in detail while drawing relevant jurisprudence and experience from other jurisdictions.

Module 7: Advanced Analysis of Combinations

This module, deals with analysis of the concept of anticompetitive combinations with the aid of a comparative approach taken in prominent jurisdictions, namely, USA, European Union, and other important jurisdictions like Brazil, China, South Africa; mapping the evolution of the competition law, the principles governing delineation of the relevant market, processes and diverse considerations taken into account while analysing combinations and efficiency considerations and remedies in combination analysis of these jurisdictions in a comparative format.

  • Unit 1: Introduction to Combination Analysis and Delineating Relevant Market for Combinations

The first unit begins with an introduction to combination analysis and discusses in brief the reasons why such an assessment is required under any competition law regime. The unit further details the principal legislations, and relevant enforcement authorities governing combination analysis, determination of relevant market for combination analysis in US, EU, China, Brazil and South Africa.

  • Unit 2: Assessment of Anti-competitive Combinations

The second unit deals with principles, methods and techniques for regulation of combinations across several jurisdictions and further analyses how does such an assessment of anti – competitive effect of a combination is ascertained. This unit takes the help of practices, techniques and guidelines adopted by the competition authorities in US, EU, China, Brazil and South Africa. A comparative assessment with the Indian competition law is also given along with several decisions of these authorities from the context of assessment of anti-competitive combinations.

  • Unit 3: Remedies in Combination Analysis

The third unit deals with nature, kinds and types of remedies used for removing the anti-competitive effects of a proposed combination. Taking a comparative approach again with US, EU, China, Brazil and South Africa along with supporting case laws this unit will discuss the importance of remedies in combination analysis and types and kinds of remedies available in combination jurisprudence.

Module 8: Recent Developments in Competition Policy and Law

This module discusses the issues with respect to the relationship between competition policy and IPRs, the treatment of IPRs under the competition law regime in India, and the lessons to be learnt by India on competition and IPR related issues. Further, the module also deals with issues in emerging jurisdictions on the development and enforcement of competition laws. The last part of this module tracks the international enforcement of competition law.

  • Unit 1: Intellectual Property and Competition Law Interface

The first unit focuses upon intellectual property and competition law interface. The dichotomy between the competition policy and IPR regime has been discussed. The competing and matching goals of these two areas of law, their objectives, and how intellectual property right holders can exercise their exclusive rights within the confines of competition law, given that they are virtually monopolies has been discussed.

  • Unit 2: Issues in Emerging Jurisdictions

The second unit deals with key issues in emerging jurisdictions. The emerging jurisdictions discussed in this unit are the rated top 10 emerging markets of 2012-2017 by Global Intelligence Alliance. This includes the BRICS Countries and countries from EU and also APEC. The discussion of these emerging jurisdictions have been carried out with the objective to sensitize the participants about the importance of competition law and policy across jurisdictions and how market needs require a policy change.

  • Unit 3: International Developments in Enforcement of Competition Law

The third unit provides key international developments in the competition law across jurisdictions. The jurisdictions covered are the ones which have not been dealt earlier. This unit emphasises the need of tracking international developments in the enforcement of competition laws, especially with growing cross-border cooperation on enforcement, enforcement changes in one part of the world has an impact on the other competition jurisdictions meet and share their enforcement experiences through conferences and workshops even when they do not have any formal arrangements.