Competition law in India : policy, issues, and development / T. Ramappa.

Format:

Book

Author/Creator:

Ramappa, T.

Language:

English

Subjects (All):

Antitrust law--India.

Antitrust law.

India.

Physical Description:

xvi, 307 pages ; 23 cm

Place of Publication:

New Delhi ; New York : Oxford University Press, 2006.

Contents:

1 An Introduction and Overview 1

Antitrust Issues 1

Coverage of the Act: The New Regulatory System 3

Anti-competitive Agreements 3

Abuse of a Dominant Position 4

Combination/Acquisition 5

The Background Setting Leading to the Act 5

The Committee's Assessment 6

WTO Obligations 8

WTO Agreements and the Act 11

The New Competition Law-Repealing the MRTP Act 12

Fair Criticism? 12

The Scheme of the MRTP Act 13

The Material Provisions of the Law 14

Concentration of Economic Power 14

Monopolistic Trade Practices 15

Restrictive Trade Practice 15

Registrable Agreements Relating to Restrictive Trade Practices 16

Unfair Trade Practices 17

Enforcement Authorities 17

Implementation of the MRTP Act 17

The Competition Act-An Overview 19

The Law Relating to Competition under the Act 20

Areas Needing Further Consideration 24

Enforcement 36

Penalties under the Act 36

Potential for Conflict 38

The Competition Commission of India 42

The Future 45

2 Anti-competitive Agreements 50

The Terms Used 51

Section 3-Substance 56

Comparative Law 58

Competition Law of the EEC 58

The Competition Act, 1998, UK 60

Competition law of the US 60

Section 3-The Elements 61

Section 3(1)-Appreciable Adverse Effect on Competition within India 61

Rules for Determining Effect on Competition 75

The Two Rules Under the Competition Act, 2002 76

Causing Entry Barrier 81

Eliminating Competition 81

Benefits that may Flow from an Agreement 85

Section 3(2) 86

Section 3(3) Cartels and Similar Groups 86

Section 3(4) 99

Vertical Restraints 99

Section 3(5)-Exercise of Intellectual Property Rights and Competition 109

Patents 110

Adequacy of Section 3(5) 114

Obligation under TRIPS 115

Evaluating Technology Transfer Agreements Under Competition Law 116

Enforcement Provisions 119

Orders that may be Passed by the Competition Commission 119

Enforcement Against those not Carrying on Business in India 122

3 Abuse of a Dominant Position 139

Section 4-Dominant Position: Abuse 140

Acts in Bonafide Competition Excepted 140

Dominant Position-Definition 140

Predatory Price 141

Dominant Position-Elaboration 141

Abuse of a Dominant Position 142

Comparative Law 144

The Competition Act 1998, UK 145

Ascertaining the Dominant Position-Statutory Guides under the Competition Act, 2002 145

Dominant Position-Relevant Market 147

Factors to be Considered in Determining the Geographic and Product Market 148

Abuse of a Dominant Position 149

Precedents 150

Assessing Dominant Position 150

Collective Dominance-Sharing the Market on a Geographical Basis 152

Subsidiary's Conduct Attributed to Holding Company 154

Abusive Conduct Outside the Dominated Market 154

Unfair Trading Conditions 157

Abuse by Holder of Exclusive Right Conferred by State 158

Discriminatory Pricing 159

Selling at a Lower Price 160

Predatory Pricing 161

Conspiracy to Sell at Predatory Prices 163

Volume Rebates 164

EC Position 166

Predatory Pricing-Internet Access Services 169

Legitimate Competition 170

Restriction of Territory of Sale, Persons, etc. 170

Entry Barriers 171

Refusal to Supply 173

Discontinuing Sale of Raw Material 173

Refusal to Licence Copyright Material 175

The Process of Dealing with Abuse of a Dominant Position 177

Orders that the Commission may Pass 177

Discontinuance of Abuse/Penalties 178

Compensation 178

Division of the Enterprise 178

4 Combination 183

The MRTP Act 184

Acquisition of Shares 184

The Companies Act, 1956 184

The Securities and Exchange Board of India (SEBI) 184

Mergers-The Companies Act, 1956 185

Why a Merger 186

The Courts' Approach 187

The Need for Control of Mergers and Acquisitions 190

Combination-The Legal Framework 191

Acquisition/Merger 191

Comparative Law 191

The Clayton Act-USA 191

The EC Merger Regulation 192

The Enterprise Act, 2002-UK 194

Regulation of Combinations-Section 6 195

Definitions under the Competition Act, 2002 196

Combination 196

Acquisition 200

Assets 201

Control 202

Enterprise 205

Group 206

Merger or Amalgamation 206

Turnover 206

Control of Anti-competitive Combinations 207

Appreciable Adverse Effect on Competition 207

Evaluating a Combination 208

Guidelines for Evaluating Effects of a Merger on Competition 211

US 211

UK 212

Acquisition 213

Control 213

Causing Another Company to Become a Subsidiary 214

Concentrated Industry 217

Vertical Integration 218

Acquisition of Assets 221

Acquiring Machinery for Standardization 222

Shares in a Competing Company 222

Joint Ventures 224

Agreement Among Joint Venture Partners 224

Merger 228

Joint Control-Shareholding and Restructuring Agreement 228

Merger Eliminating a Competitor 229

Product Market, End-uses 231

Telecommunication Services 232

Internet Access Services 233

Regulation of Combinations Under the Competition Act 234

The Process 234

Section 31-Orders of the Commission on Certain Combinations 235

Reliefs 236

Multijurisdiction Mergers 238

5 Enforcement 256

Anti-competitive Agreements and Abuse of Dominance 257

The Procedure 257

Combinations-the Procedure 258

Final Orders 258

Comparative Law 259

Enforcement-EEC Provisions 259

The Competition Commission, UK 261

US-Enforcement 266

Enforcement within India 266

The Mechanism 266

Cross-border Issues and Competition 275

Cooperation Agreements Among States-Bilateral Agreements 280.

Notes:

Includes bibliographical references (pages [290]-292) and index.

ISBN:

019567815X

9780195678154

OCLC:

65216082