Teaching Plan

of

Competition Law

For

LLM One Year

Semester II

Session March- June 2022

Compiled By :

Ankit Srivastava

Course Teacher

1
 Table of Contents

Sr. No. Contents Page No.

1. Preface 3

2. Objectives of the Course 3

3. Syllabus 3-4

4. Teaching Plan 5-7

5. Reference Material 7-10

6. List of Assignments/Projects 10-16

7. Important Instructions 16

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 1. Preface/Outline of the Subject

Competition Law in India has derived its essence from Article 38 and 39 of the Indian
Constitution. Art. 38 was also amended by the Constitution (44th Amendment) Act,
1978, but even prior to its amendment on 20th June, 1979, it provided that the State
had to strive to promote the welfare of the people by securing and protecting, as
effectively as possible, a social order in which justice, social, economic and political,
was to be taken into consideration by all institutions of national life. Similarly, Art. 39
provided for certain principles of policy to be followed by the State. Both the Articles
are included in Part IV of the Constitution comprising the Directive Principles of
State Policy and though not enforceable in a court of law, provide the guidelines for
good governance in the State. Although, all the clauses of Art. 39 are designed to
benefit citizens of India in general, clauses 2 (b) and (c) indicate how the Government
should direct its policy to ensure that the ownership and control of the material
resources of the community are so distributed as best to subserve the common good
and that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment. The competition Act’s
major role is to promote and sustain competition in the market . The path of economic
reforms in India, particularly since 1991, has been characterized by a well-defined
policy and direction. Several path-breaking reform measures have been successfully
undertaken during this period. Competition law is a rapidly growing area of law
which reflects the free market economy and increasing world globalization. The huge
economic movements which have taken place in recent years increased the
attractiveness of this subject, and competition lawyers are now prominent in the
biggest law firms and institutions advising in complex transactions. The course aims
to give an overview on the basics of Competition Law in India through a overview
study of the main jurisdictions in brief (especially U.S. and EU) and thus provide a
solid background for further studies of this subject.

2.0 Objectives and Outcomes of the Course

• To learn about the history, need and evolution of Competition law
• To deliberate upon the laws relating Anti – Competitive activities and its Practical
applicability
• To discuss the application of the law in allied areas
• To study the present challenges faced by Antitrust Agencies across the globe
• The student shall be able to comment on current controversies and criticisms
• The student shall be able to Analyze the law for better applications
• The student shall further be researching in the area.

3.0 Syllabus

Module I: Introduction and General Overview to Competition Law

• Basic Concepts of Market (Perfect, Monopolistic, Monopoly, Oligopoly);

• History and Development of Competition Law/ Antitrust Law
• Constitutional aspect of Elimination of Concentration of Wealth and Distribution
of Resources, MRTP Act to Competition Act, Raghavan Committee Report,
Competition Act 2002

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 • Difference between MRTP Act and Competition Act
• Salient feature of Competition Act, Important Definitions under the Competition
Act, 2002.

Module II: Anti – Competitive agreement

• Definition: Agreement, Understanding, Action in Concert, Nature of Agreement
• Scheme under the Competition Act
• Appreciable Adverse Effect on Competition (AAEC) in India, Exemption,
Procedural Issues: Standard of Proof, Extraterritoriality
• Horizontal and Vertical Agreements
• Section 3 and IPR

Module III: Abuse of Dominance

• Enterprise and Group
• Relevant Market: Relevant Product Market, Relevant Geographical market
• Dominance in Relevant Market;
• Abuse of dominance; Predatory Pricing.
• Penalties – Prevention of Abuse of Dominance under Indian Competition Law

Module IV: Combinations

• Scope of Section 5 and 6 of Competition Act

• Threshold for Combinations
• Control, Exemption: De-minimus, Amalgamation of regional rural banks,
Nationalised banks, Oil and Gas sector
• Process of filing
• Review of Combinations

Module V: Enforcement Mechanism, Advocacy and Emerging Trends in

Competition Law

• Enforcement Mechanisms under the Competition Act, 2002 – Duties of Commission,

Procedure and Manner of Inquiry, Orders by commission, Consultation with sectoral
regulators, Director General
• Competition Advocacy in India and other foreign jurisdictions
• E-Commerce and its impact on Competition Law
• Big Data, Privacy and Competition Law
• Challenges ahead

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4.0 Tentative Lecture/Teaching Schedule

Sr. No. Topic Number of Lectures

Module I

1. Basic Concepts of Market (Perfect, 1

Monopolistic, Monopoly, Oligopoly);
2. History and Development of 3
Competition Law/ Antitrust Law
3. Constitutional aspect of Elimination 3
of Concentration of Wealth and
Distribution of Resources, MRTP Act
to Competition Act, Raghavan
Committee Report, Competition Act
2002
4. Difference between MRTP Act and 1
Competition Act
5. Salient feature of Competition Act, 2
Important Definitions under the
Competition Act, 2002.
Total Lectures 10

Module II

Anti – Competitive Agreements

1. Definition: Agreement, 1
Understanding, Action in Concert,
Nature of Agreement
2. Scheme under the Competition Act 1

3. Appreciable Adverse Effect on 3

Competition (AAEC) in India,
Exemption, Procedural Issues:
Standard of Proof, Extraterritoriality
4. Horizontal and Vertical Agreements 8

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5. Section 3 and IPR 2

Total Lectures 15

Module III

Abuse of Dominance

1. Enterprise and Group 1

2. Relevant Market: Relevant Product 2

Market, Relevant Geographical
market

3. Dominance in Relevant Market 2

4. Abuse of dominance; Predatory 6

Pricing.

5. Penalties – Prevention of Abuse of 4

Dominance under Indian Competition
Law
Total Lectures 15

Module IV

Combinations

1. Scope of Section 5 and 6 of Competition Act 2

2. Threshold for Combinations 1

3. Control, Exemption: De-minimus, 1

Amalgamation of regional rural banks,
Nationalised banks, Oil and Gas sector

4. Process of filing 3

5. Review of Combinations 3

Total Lectures 10

Module V

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Enforcement Mechanism, Advocacy and Emerging Trends in Competition
Law

1. Enforcement Mechanisms under the 2

Competition Act, 2002 – Duties of Commission,
Procedure and Manner of Inquiry, Orders by
commission, Consultation with sectoral
regulators, Director General

2. Competition Advocacy in India and other 1

foreign jurisdictions

3. E-Commerce and its impact on Competition 3

Law

4. Big Data, Privacy and Competition Law 3

5. Challenges ahead 1

Total Lectures 10

Total Lectures Proposed to be delivered 60

4.0 Reference Material

• Ramappa T., Competition law India, Policy Issues, and Developments. 1st Edition,
New Delhi, Oxford, 2006, pages 1 to 25.
• Vinod Dhall, Competition Law today, concepts, issues, and the law in practice, 1st
Edition, Oxford University Press, India, pages 1- 20.
• Competition law India, Policy Issues, and Developments. 1st Edition, New Delhi,
Oxford, 2006, pages 60 to 100.
• Vinod Dhall, Competition Law today, concepts, issues, and the law in practice, 1st
Edition, Oxford University Press, India, 2007, pages 60 -90.
• Peritz Rudolph J.R., Competition Policy in America: History, Rhetoric, Law. 1st
Edition, New York: Oxford University Press, 2000.
• Elhauge Einer, Geradin Damien, Global Competition Law and Economics, 1st
Edition, USA. Hart Publishing, 2007.
• Smith Martin, Competition Law Enforcement & Procedure, London:
Butterworths, 2001.

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 • Graham Cosmo, Competition, Regulation and the New Economy, 1st Edition, New
York: Oxford and Portland Oregon, 2004.
• Piet Jan Slot and Angus Johnston, An Introduction to Competition Law, Oxford
and Portland, Oregon, 2006, Chapter 1.
• Suresh T. Vishwanathan, Law and Practice of Competition Act, Bharat, Chapter’s
2, 3
• Richard Whish, Competition Law, Oxford University Press, 2008, Chapters 1 & 2
• Suresh T. Vishwanathan, Law and Practice of Competition Act, Bharat.
• Richard Whish, Competition Law, Oxford University Press, 2008.
• S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer
Protection Law, 2006, Wadhwa, Nagpur
• Abir Roy & Jayant Kumar, Competition Law in India, Eastern Law House, New
Delhi.
• P. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI
University Press, 2007.
• Kristy Middleton, Barry Rodger & Angus Mac Culloch, Cases and Materials on
UK and EC Competition Law, Oxford University Press, 2003.
• Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007.
• Philips E. Areeda & H. Hovenkoup, Fundamentals of Anti-Trust Law, ASPEAN
Publications, 2006
• Universal Guide to Competition Law in India, Universal Law Publishing
Company, New Delhi, 2003

5.3 Case Laws

Module I:

1. Brahm Dutt v. Union of India, AIR 2005 SC 730

2. CCI v. Steel Authority of India Ltd. & Anr, (2010)10SCC 744

Module II

1. Builders Association of India v. Cement Manufacturers', Case No. 29/2010, CCI.

2. Competition Commission of India v. Co-ordination Committee of Artists and
Technicians of West Bengal Film and Television &Ors., AIR 2017 SC 1449,
3. Rajasthan Cylinders and Containers Ltd v Union of India & Anr Civil Appeal
3546 of 2014, Order dated 1 October 2018.
4. Excel Crop Care Ltd v Competition Commission of India & Ors (2017) 8 SCC 47
5. All India Tyres Dealers Federation v. Tyres Manufacturers, 2013 COMP LR 92
(CCI), Main Order dated October 30, 2012 and Minority Order by Mr. R Prasad
(Member, CCI) dated October 30, 2012.
6. Aamir Khan Productions Private Limited v. Union of India, (2010) 4CompLJ580
(Bom)
7. Re: Aluminium Phosphide Tablets Manufacturers, 2012 Comp LR 753 (CCI)
8. Delhi Jal Board vs. Grasim Industries Ltd. and Ors.,ref. case no. 03 and 04 of 2013
dated 05.10.2017
9. FICCI – Multiplex Association of India v. United Producers/ Distributors Forum,
Case No. 1/2009 (CCI)

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 10. National Insurance Company Ltd. and Ors. v Competition Commission of India
Appeal No. 94 of 2015
11. Shamsher Kataria v. Honda Siel Cars India Ltd., 2014 Comp LR 1 (CCI)
12. Consumer Online Foundation Informant v. Tata Sky Limited &Ors., Case No. 2 of
2009 (CCI)
13. Mahindra & Mahindra Ltd vs Union Of India & Anr, 1979 AIR 798, 1979 SCR
(2)1038.
14. Eros International Media Ltd. v. Central Circuit Cine Association & Others, 2012
CompLR 20 (CCI).

Module III

1. Sonam Sharma v Apple Inc.

2. Exclusive Motors Pvt Ltd v. Automobile Lamborghini SPA, Case No. 52/2012, CCI
3. Google Inc. & Ors v. Competition Commission of India & Anr., [2015]
127CLA367(Delhi)
4. Belaire Apartment Owners' Association v. DLF Ltd & HUDA, 2011 Comp LR
0239(CCI), Main Order dated August 12, 2011; Supplementary Order by Mr. R
Prasad (Member, CCI) dated August 12, 2011 and Supplementary Order dated
January 3, 2013 DLF Ltd. v. CCI, 2014 Comp LR 01 (CompAT)
5. M/s HT Media Limited Informant V. M/s Super Cassettes Industries Limited, Case
No. 40 of 2011 (CCI)
6. Arshiya Rail Infrastructure Limited and KRIBHCO Infrastructure Limited V Ministry
of Railways and Container Corporation of India Ltd.; Case Nos. 64/2010, 2/2011 and
12/2011.
7. In Re: M/s Three D Integrated Solutions Ltd. and M/s VeriFone India Sales Pvt. Ltd.,
Case No. 13/2013 (CCI).
8. In Re: Fast Track Call Cab Pvt. Ltd, Case Nos. 6/ 2015 and 74 of 2015 (CCI).
9. Surinder Singh v. Board of Control for Cricket in India, [2013] 113CLA579(CCI),
Main Order dated February 8, 2013; Supplementary Order by Mr. R Prasad (Member,
CCI) dated February 8, 2013 and Dissenting Order by Mr. M.L. Tayal dated February
8, 2013.
10. Dhanraj Pillay v. M/s Hockey India, 2013 Comp LR 543 (CCI); Main Order dated
May 31, 2013 and Dissenting Order by Mr. R Prasad (Member, CCI) dated February
28, 2013.
11. MCX Stock Exchange v. National Stock Exchange Ltd., 2011 Comp LR 129 (CCI);
National Stock Exchange Ltd. v. MCX Stock Exchange 2014 Comp LR 304
(CompAT).
12. Indian Exhibition Industry Association v. Ministry of Commerce and Industry and
Indian Trade Promotion Organisation, 2014 Comp LR 87 (CCI); Indian Trade
Promotion Organisation v. CCI & Ors, CompAT Decision.

Module IV

1. Etihad Airways and Jet Airways Combination Order, CCI, Order dated November 12,
2013.
2. Sun Pharma and Ranbaxy Combination Order, CCI, Orders dated December 5, 2014
and March 17, 2015.
3. PVR and DT Cinemas Combination Order, CCI, Order dated May 4, 2016
4. Bayer/Monsanto

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 5. Dow/DuPont

Module V

1. Google Inc. & Ors v. Competition Commission of India & Anr., [2015]
127CLA367(Delhi)
2. Ashish Ahuja v. Snapdeal, Competition Commission of India, Case No. 17 of 2014
3. In All India Online Vendors Association and Flipkart India Private Limited & other 1
(CCI Order Quashed by NCLAT in March, 2020)
4. MakeMyTrip India Pvt. Ltd (MMT) & Others.
5. Vinod Kumar Gupta v. WhatsApp Inc
6. Matrimony.com Limited & Ors. v Google LLC & Ors. and Consumer Unity Trust
Society v Google LLC & Ors; (Case Nos. 07 and 30 of 2012)
7. In Re: Meru Travel Solutions Private Limited (MTSPL) v Uber India Systems Pvt.
Ltd.
8. Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No.
641 of 2017

5.4 Project Topics

Digital Economy and

Cartels: A Study on
India and US
Brahm Dutt v. Union of
India, AIR 2005 SC
730
CCI v. Steel Authority
of India Ltd. & Anr,
(2010)10SCC 744
Competition Law
challenges: A case
Study on Google
Competition Law and
Sectoral Regulators: A
case Study on CCI v.
TRAI
Digital Economy and
Abuse of Dominance:
A study on India and
US
The intersection
between Big Data and
Competition Law
CCI v SAIL
Cement Cartel Case

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Digital Economy and
Abuse of Dominance:
A study on India and
US and EU
Vinod Kumar Gupta v
Whatsapp Inc.
Tyre Cartel Case
Excel Corp Case
Mr. Mohit Manglani v.
Flipkart India (P) Ltd.
& Ors., Case No. 80,
CCI, (2014)
Analysis of CCI’s
report on E-Commerce
and Competition Law
Analysis of Report of
Federal Trade
Commission on
Competition Issues in
Digital Economy
Consumer Unity Trust
Society v Google LLC
& Ors
Mr. Umar Javeed&Ors.
v. Google LLC and
Google India (P) Ltd.,
Case No. 39, CCI,
(2018)

Exclusive Motors Pvt

Ltd v. Automobile
Lamborghini SPA,
Case No. 52/2012, CCI
M/s HT Media Limited
Informant V. M/s Super
Cassettes Industries
Limited, Case No. 40 of
2011 (CCI)
Arshiya Rail
Infrastructure Limited
and KRIBHCO
Infrastructure Limited
V Ministry of Railways
and Container
Corporation of India
Ltd.; Case Nos.
64/2010, 2/2011 and
12/2011.

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 Digital Economy and
Role of Data as a
Source of Market
Power
Competition
Commission of India v.
Co-ordination
Committee of Artists
and Technicians of
West Bengal Film and
Television &Ors., AIR
2017 SC 1449
Analysis of OECD
Report on Digital
Economy and
Competition Law
Meru Travels Solutions
Pvt. Ltd. v. CCI,
Appeal No. 31,
COMPAT (2016)
Rajasthan Cylinders
and Containers
Ltd v Union of India &
Anr Civil Appeal 3546
of 2014, Order dated 1
October 2018.
Ashish Ahuja v
Snapdeal
Sonam Sharma v Apple
Inc.
In Re: M/s Three D
Integrated Solutions
Ltd. and M/s VeriFone
India Sales Pvt. Ltd.,
Case No. 13/2013
(CCI).
Delhi Jal Board vs.
Grasim Industries Ltd.
and Ors.,ref. case no.
03 and 04 of 2013
dated 05.10.2017
Aamir Khan
Productions Private
Limited v. Union of
India, (2010)
4CompLJ580 (Bom)
FICCI – Multiplex
Association of India v.
United Producers/
Distributors Forum,

12
Case No. 1/2009 (CCI)
Mahindra & Mahindra
Ltd vs Union Of India
& Anr, 1979 AIR 798,
1979 SCR (2)1038.
In All India Online
Vendors Association
and Flipkart India
Private Limited & other
Bharti Airtel Ltd v.
Reliance Industries Ltd
& Reliance Jio
Infocomm Ltd., Case
No. 03, CCI, (2017)
In re: Samir Agrawal v.
ANI Technologies Pvt.
Ltd. & Ors., Case No.
37, CCI, (2018).
Privacy and Data
Security: Competition
Law Challenges
Meru Travel Solutions
Pvt. Ltd. v. Uber India
Systems Pvt. Ltd. &
Ors., Case No. 96, CCI,
(2015
National Insurance
Company Ltd. and Ors.
v Competition
Commission of India
Appeal No. 94 of 2015
Consumer Online
Foundation Informant
v. Tata Sky Limited
&Ors., Case No. 2 of
2009 (CCI)
Eros International
Media Ltd. v. Central
Circuit Cine
Association & Others,
2012 CompLR 20
(CCI).
Belaire Apartment
Owners' Association v.
DLF Ltd & HUDA,
2011 Comp LR
0239(CCI)
Dhanraj Pillay v. M/s
Hockey India, 2013

13
 Comp LR 543 (CCI)
Indian Exhibition
Industry Association v.
Ministry of Commerce
and Industry and Indian
Trade Promotion
Organisation, 2014
Comp LR 87 (CCI)
Etihad Airways and Jet
Airways Combination
Order, CCI, Order
dated November 12,
2013.
Shamsher Kataria v.
Honda Siel Cars India
Ltd., 2014 Comp LR 1
(CCI)
In Re: Fast Track Call
Cab Pvt. Ltd, Case Nos.
6/ 2015 and 74 of 2015
(CCI).
Surinder Singh v. Board
of Control for Cricket
in India, [2013]
113CLA579(CCI)
MCX Stock Exchange
v. National Stock
Exchange Ltd., 2011
Comp LR 129 (CCI)
Sun Pharma and
Ranbaxy Combination
Order, CCI, Orders
dated December 5,
2014 and March 17,
2015.
PVR and DT Cinemas
Combination Order,
CCI, Order dated May
4, 2016
Combination
Bayer/Monsanto
Combination
Dow/DuPont
Leniency Program and
Dawn Raid
The Concept of
Collective Dominance:
Comparitive study
between India and US

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 History and
Development of
Competition law in
India
Buyers Cartel: The
emergence of new
concept
Crisis Cartel: An
Antitrust solution to
COVID-19
COVID -19 and
Competition Law
Challenges
Importance of Relevant
Market in Competition
Law
Flipkart and Amazon:
The Deep Discounting
Issues
Cab Aggregators and
price fixing algorithms:
A Conundrum
Jio-Facebook Deal and
Competition Concerns
Facebook/Whatsapp
merger EU
Price Parellelism: A
defense or a Loophole
Predatory Pricing and
Competition Law
Concerns
‘Jumping the Gun’ is
reprimanded by the
CCI: Are entities
mindful about the
same?
Fuel Surcharge
Through Concerted
Action: Analysis of
Express Industry
Council of India v. Jet
Airways Ltd & Ors
Examining The
Rationale Behind
Predatory Pricing
Under Competition
Law
Is the Competition Act,
2002 adequately
equipped to deal with

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 Big Data?
Merger & Acquisition
and Incompetency of
CCI in Its Regulation
Competition
Commission &
Companies with respect
to Bharti Airtel and
Reliance Jio Infocomm
Regulating
Combination Under
Competition Law In
India
Competition Law
Contours of Resale
Price Maintenance – A
Case Law Analysis
Effectiveness of
Whistle Blower And
Leniency Programme in
Detecting And
Preventing Cartels

Competition
Commission on
Prepayment Charges:
Neeraj Malhotra Case
‘Cross-Border Mergers:
Implications under the
Competition Act, 2002’

NOTE: This is suggestive readings, more case laws and reading material shall be provided to
the students in the due course of the semester.

Course Teacher

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