Incorporation of the Competition Act, 2002 in Academic Curriculum of Universities/Institutes.

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1 Incorporation of the Competition Act, 2002 in Academic Curriculum of Universities/Institutes. It is increasingly recognized that in a sound business climate investors face relatively low entry and exit barriers and are protected against the risk of expropriation and abuse while consumers are protected against mal-practices of trade and industry. In such market oriented scenario, the consumers are ensured availability of goods and services in abundance of acceptable quality at affordable price. The enactment of the Competition Act and its enforcement by an autonomous Commission is a key component in this dynamics. Competition Law & Policy result in equity among producers and reduce rent seeking behaviour on their part in a free economy. It is this imperative that persuaded countries to either enact Competition Law or to modernize their existing competition law. Countries having a competition law has risen from 35 in 1995 to around 100 as on date. In line with the international trend and to cope with changing realities, India has reviewed the Monopolies and Restrictive Trade Practices Act, 1969 and has enacted the Competition Act, 2002 (the Act) with many innovative features w.e.f The Act seeks to repeal the M.R.T.P.Act and to dissolve the M.R.T.P.Commission from the date it is notified as such by the Central Govt. Such a notification is yet to be issued by the Central Govt. Thus, the enactment of the Competition Act, 2002 is an endeavour to modernize Indian competition regime. In order to create greater awareness of the competition law and issues, it is important that the Competition Act and the role of the Competition Commission of India forms part of the syllabus of faculties/schools of Law, Management, Economics and other relevant Institutes. This would also enable the students to take up professional practice in the field of competition law and policy beside it will enable them to make best use of the Act and the Commission. Accordingly, the Commission has already taken up the matter with over 138 Universities/Institutes to incorporate the Competition Act, 2002 in the syllabus of various courses imparted by them. The Commission has also evolved a draft Model Course Curriculum for the guidance of Universities/Institutes which is produced hereinbelow:

2 COURSE CURRICULUM OF COMPETITION LAW & POLICY OBJECTIVE: Course curriculum on Competition Law & Policy is to create awareness about one s right against anti-competitive agreements, abuse of dominant position and certain cases of combinations having adverse appreciable effect in markets of goods and services in India. It is intended for those pursuing courses in the field of Law, Management, and Economics besides those seeking membership of the professional institutes such as ICAI, ICSI, ICWA, ICFA and BCI. It not only seeks to make them enlightened buyers/users of various economic goods and services but is intended to facilitate them to comply with the requirements of law and also to make its use in case of being victim of anti-competitive behaviour of trade, industry, business, government and professions. CONTENTS OF THE COURSE: The need for modern Competition Law including reasons for repeal of the M.R.T.P.Act and the dissolution of the M.R.T.P.Commission. Implication and rationalization of various concepts and definitions e.g. enterprise, goods, services, person, predatory pricing. Exposure to concepts such as competition, Competition Law, Competition Policy, adverse appreciable effects in markets in India, relevant market, relevant product market, relevant geographical market. Competition and its tenets, namely, liberalization, privatization, globalization, deregulation, disinvestment including policy relating to public sector, licesensing, foreign direct investment, exit barriers, reservation for small scale industries. Inter-relation between Competition Law and anti-dumping, effect of subsidies, tariffs, non-tariff barriers including sanitary and physio-sanitary restrictions. Theme areas (in line with international trend) of Competition Law namely:- i) Anti competitive agreements Abuse of dominant position; and Regulation of Combinations. Horizontal and Vertical Trade Agreements, Agreements having presumption of adverse appreciable effect and agreements to be judged by Rule of Reason.

3 Establishment of the Competition Commission, its composition, vacancy and resignation of Chairperson and Members, Duties and Powers of CCI, circumstances when directions can be issued or Commission can be superceded by the Central Govt. Delivering of opinion on references from Statutory Authorities on Competition issues and furnishing of opinion on references from the Central Govt. on policies having bearing on Competition including review of Statutes, delegated legislations and policies framed thereunder. Competition Advocacy, and its need for and usefulness thereof, mode and methodology of advocacy, imparting training, creating awareness, capacity building etc. International cooperation including bilateral and multi-lateral agreement with foreign competition jurisdictions. Sources from which an enquiry may be instituted, examination of complaints/references, investigations on complaints/references, powers and duties of the Director General. A brief exposure to Regulations framed by the Commission to conduct its business and various Rules notified by the Central Government which are incidental and attendant to Competition Law. The parameters/criteria which the Commission has to keep in view while determining, adverse appreciable effect on competition on account of anti-competitive agreement, abuse of dominant position and combinations. Right of representation and rights of party to proceedings, informant and intervener. Competition Commission and its interaction with the following Acts and Authorities framed thereunder: National Consumer Dispute Redressal Commission The Securities Exchange Board of India (SEBI) The Telecom Regulatory Authority of India Banking Ombudsman State and Central Electricity Regulatory Authorities, Insurance Regulatory Development Authority (IRDA) Upcoming Regulatory Authorities Powers of the Central Govt. under the Act Case law as evolved by Competition Authorities of developed countries including US, UK, EC, JAPAN, and AUSTRALIA.

4 SUGGESTING READINGS/REFERENCES: Report of the High Level Committee (Raghvan Committee) Report of the Parliamentary Standing Committee (93 rd Report) on the Competition Bill, The Competition Act, 2002 (along with Statement of Objects & Reasons) and the notifications issued by the Central Govt. Publications of OECD, UNCTAD, WTO, ICN etc. Commission s Website Competition Commission India.nic.in INFORMATION LIBRARY/RELATED SITES: OECD Competition Policy and Law Division UNCTAD Competition and Consumer Policies WTO Competition Policy European Free Trade Association )EFTA) Other Organizations: 3.5 American Bar Association 4. FORM OF TEACHING To be decided by an Institution imparting the course. It can also be through distance learning process (correspondence course).

5 5. FORM OF ASSESSMENT To be decided by the Institution imparting the course. However, high degree of participation by all students and willingness to use the basic concepts of market economics and law will be paramount importance. Students may also be required to prepare atleast one written assignment during the course incorporating therein Case Studies.