| Comparative Competition Law

The idea behind designing this course is to help the students gain a detailed knowledge of  Competition Law and offer a comparative perspective of the leading antitrust laws of the world. The  objective is to help them develop a critical legal and economic analysis of the subject. The course as  such aims to cover the main substantive laws concerning competition within the European Union,  United Kingdom, United States and India. The course shall cover basics of economics for  Competition lawyers that shall come handy in understanding the nuances of application of the  Competition Law.

The first half of the course comprises modules that shall examine the relevant statutory and case law  framework along with the role of economic analysis in this field, while the second half shall mainly  focus on the specific categories of business practice.

Towards the end, the modules shall focus more on advanced economic concepts required in  Competition law advisories.

Part I of this course shall cover the following topics as listed below. The course will be in the form of  an introductory lecture by introducing the principal themes and issues that will be explored in  seminars over the weeks. It shall cover the various aims and objectives of competition law, while also  trying to understand the application of economics and law. Public policy considerations comprise  environmental, employment and other health/safety considerations. They can also be extended to  cover cases dealing with the integrity of legal provision and sports. The modules shall also help the  readers understand whether competition is always good when for instance it leads to quality erosion  or irrationality? It shall explore the various tenets of Article 101 and 102 under the EU law and  relevant provisions under the Sherman Act, 1890, Clayton Act, 1914 and Federal Trade Commission  Act, 1914 under the US antitrust laws. There shall be further discussion on market definition, market  structure & market shares, dominance (single firm & collective), and abuse of dominant position,  objective justification & efficiencies.

The Module on Merger shall cover the European Merger Regulation and Indian Combination  Regulations, its application and concentration, procedure, community dimension (EU), investigation,  market analysis, horizontal and vertical & conglomerate, remedies, defenses and UK merger control.  Further, UK Competition law shall cover Competition Act, 1998 and the Enterprise Act, 2002. There  shall be discussion on Procedure, enforcement & remedies under the EU law- EUMR & Article 101  & 102, enforcement by national competition authorities and also under the US law, UK law and the Indian law.