Srinivasan Parthasarathy
Published: 2012-11
Total Pages: 0
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Derived from the renowned multi-volume International Encyclopaedia of Laws,this practical analysis of competition law and its interpretation in Indiacovers every aspect of the subject - the various forms of restrictiveagreements and abuse of dominance prohibited by law and the rules on mergercontrol; tests of illegality; filing obligations; administrative investigationand enforcement procedures; civil remedies and criminal penalties; and raisingchallenges to administrative decisions. Lawyers who handle transnationalcommercial transactions will appreciate the explanation of fundamentaldifferences in procedure from one legal system to another, as well as theinternational aspects of competition law. Throughout the book, the treatmentemphasizes enforcement, with relevant cases analysed where appropriate. Aninformative introductory chapter provides detailed information on theeconomic, legal, and historical background, including national andinternational sources, scope of application, an overview of substantiveprovisions and main notions, and a comprehensive description of theenforcement system including private enforcement. The book proceeds to adetailed analysis of substantive prohibitions, including cartels and otherhorizontal agreements, vertical restraints, the various types of abusiveconduct by the dominant firms and the appraisal of concentrations, and thengoes on to the administrative enforcement of competition law, with a focus onthe antitrust authorities' powers of investigation and the right of defence ofsuspected companies. This part also covers voluntary merger notifications andclearance decisions, as well as a description of the judicial review ofadministrative decisions.Its succinct yet scholarly nature, as well as the practical quality of theinformation it provides, make this book a valuable time-saving tool forbusiness and legal professionals alike. Lawyers representing parties withinterests in India will welcome this very useful guide, and academicsand researchers will appreciate its value in the study of international andcomparative competition law.