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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.

Module 1: Markets and Business Laws

This module introduces a broad outline of the markets and business laws in terms of competition issues. The basic know-how of these concepts enables to gauge the scope and application of competition law.

  • Unit 1: Markets and Competition

In the first unit, the need for competition policy and law in the markets is shown while explaining different kinds of market structures.

  • Unit 2: Introduction to Business Laws

The second unit familiarises participants with the galaxy of business laws in India and their relation to competition law.

  • Unit 3: Introduction to Competition Law

The third unit seeks to cover competition law in India today in a nutshell.

Module 2: Competition Policy and Evolution of Competition Law

This module apart from providing conceptual knowledge about competition law and policy with the aim of differentiating between the two, primarily aims to familiarize the course participants with the theoretical frameworks through which competition policy and law are expected to positively contribute towards economic development. Further, the module provides an overview of competitive law scenarios in India and across other select jurisdictions to understand the relative similarities and variations in the competition law across the boundaries.

  • Unit 1: Introduction to Competition Policy

The first unit deals with an introductory understanding of competition policy which includes, trade policy, industrial policy, disinvestment policy and the policy relating to IPR.

  • Unit 2: Competition Policy And Economic Development

The second unit discusses competition policy in relation to the economic development. It discusses the theoretical frameworks through which competition policy and law are expected to positively contribute towards economic development.

  • Unit 3: Evolution of Competition Law in India and Other select Jurisdictions

The third unit deals with the discussion on the evolution of competition law in India and select jurisdictions.

Module 3: Indian Competition Act-Introduction

This module seeks to build an understanding of Competition Act, 2002. Thus, an overview of the Competition Act, 2002 is a part of this module. Apart from this, the module deals with the enforcement framework of the law and the conceptual foundations of the competition analysis and its relevance to competition law.

  • Unit 1: Competition Act, 2002 (As amended)

The first unit provides an overview of the Competition Act, 2002 (as amended), its key provisions and the salient features. The unit also discusses the remedies and leniency provisions as per the India’s Competition Act, 2002.

  • Unit 2: Enforcement Framework of Competition Act, 2002

The second unit deals with functional role and structural organization of the enforcement authorities in India along with the procedural framework of their operations.

  • Unit 3: Economics for Competition Law

This unit discusses the theoretical and conceptual foundations of the competition analysis by explaining the basic economic concepts and their relevance to competition law.

Module 4: Indian Competition Act - Substantive Provisions

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. This detailing covers - the conditions under which a dominant position or an agreement/combination is considered anti competitive, the modus operandi of proving that an agreement/combination is anti-competitive, and the provisions dealing with them.

  • Unit 1: Regulation of Abuse of Dominance in India

The first unit will focus on the notion of abuse of power or dominance by an enterprise, the factors and relevant regulations in this regard.

  • Unit 2: Regulation of Agreements in India

The second unit deals with regulation of agreements in India - definition, types, penalties, comparison with MRTP etc.

  • Unit 3: Regulation of Combinations in India

The third unit will throw light on various types of combination, its definition and effects of such combinations. Further, it also discusses the Regulation of Combinations, thresholds and required notification.

Module 5: Abuse of Dominance across Jurisdictions

The Competition Act, 2002 made a departure from the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) in dealing with abuse of dominance cases. However, it is important to assess how abuse of dominance cases are dealt with in other jurisdictions of the world as there are valuable lessons India can draw regarding investigation and enforcement of the law. This module, deals with the concept of abuse of dominance in three prominent jurisdictions, namely, the United States (US), European Union (EU), and South Africa, as these jurisdictions have had robust competition law regimes.

  • Unit 1: Regulation of Abuse of Dominance in the United States

The first unit will focus on the notion of abuse of power or dominance regulations in the US. The unit details the evolution of concept in the US, discusses the regulations and throws light on the various types of abuses to dominance in the US.

  • Unit 2: Regulation of Abuse of Dominance in the European Union

The second unit deals with abuse of power or dominance regulations in the European Union.

  • Unit 3: Regulation of Abuse of Dominance in South Africa

The third unit deals with abuse of power or dominance regulations in South Africa.

Module 6: Anti-Competitive Agreements across Jurisdictions

This module, deals with the concept of anticompetitive agreements in three prominent jurisdictions, namely, the United States (US), the European Union (EU), and South Africa. It seeks to synthesise and extend the existing theory on anticompetitive agreements across three jurisdictions of the world, namely, the United States (US), European Union (EU), and South Africa.

  • Unit 1:Regulation of Agreements in the United States

The first unit will focus on the “Anticompetitive Agreements and the Laws in the US”, including both the vertical as well as horizontal agreements.

  • Unit 2: Regulation of Agreements in the European Union

The second unit deals with regulation of agreements in the European Union.

  • Unit 3: Regulation of Agreements in South Africa

The third unit deals with regulation of agreements in South Africa.

Module 7: Regulation of Combinations across Jurisdictions

This module, deals with the concept of anticompetitive combinations in three prominent jurisdictions, namely, the United States (US), European Union (EU), and South Africa. The module seeks to provide lessons which can be drawn from other jurisdictions which have well-established systems and tested regulations in place.

  • Unit 1: Regulation of Combinations in the United States

The first unit focuses on the regulation of combinations in the US including the discussion on enforcement authorities and their role, the process of merger control and pre merger notification guidelines etc.

  • Unit 2: Regulation of Combinations in the European Union

The second unit deals with regulations of combinations in the European Union.

  • Unit 3: Regulation of Combinations in South Africa

The third unit deals with regulation of combinations in South Africa

Module 8: Emerging Issues in Competition 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. Further, the module also deals with cross border issues in competition law and presents a framework of the business strategic considerations in view of the competition law.

  • Unit 1: IPRs and Competition Law

The first unit will focus on competition policy and IPR, their objectives, and on how intellectual property right holders can exercise their exclusive rights within the confines of competition law, given that they are virtually monopolies.

  • Unit 2: Cross-border issues in Competition Law

The second unit deals with cross-border issues of competition law and its future.

  • Unit 3: Business strategy and Competition Law

The third unit deals with a framework of the business strategies which may be adopted by a company in order to produce successful performance in a specific line of business, and the possible competition issues/concerns which may arise therein.

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