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* Prohibition of Anti-Competitive Agreements * Prohibition of Abuse of Dominant Position * Inquiry into Agreements or Abuse of Dominant Position * Regulation of Combinations * Competition Commission of India (CCI) * CCI - Procedures and Penalties * Competition Appellate Tribunal * Other Provisions * Relevant Case Law under MRTP in Respect of RTP
In the last few years, the Competition Commission of India has been extremely assertive in its enforcement outlook, especially in the digital markets. Additionally, the relevance of competition law in India continues to grow in importance as investment activity increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting the key aspects of Indian competition law, a leading competition law practitioner describes elements of Indian competition law encompassing the following: the dual regulatory-judicial nature of the Competition Commission; investigatory powers of the Commission’s Director General; mandated business conduct policies (e.g., active risk management procedures); availability of sanctions, remedies, and private actions; cartels and leniency programmes; extraterritorial application of the Competition Commission; merger review; pricing and non-pricing abuse; approach in digital markets; appeal process; fines – companies, directors and officers; fines for non-cooperation or furnishing false information; and liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book’s practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is increasingly becoming one of the most important in the international recognition and enforcement of competition law. As a guide to the ‘landscape’ of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.
Although relatively young in terms of its lifespan as a regulator, the Competition Commission of India (established by the Competition Act of 2002 but came into existence in 2009) has been extremely assertive in its enforcement outlook, and competition law in India continues to grow in importance as inward investment increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting differences from EU practice, the author – a leading Indian competition law practitioner – describes elements of practice and procedures in Indian competition law encompassing the following: • the dual regulatory-judicial nature of the Competition Commission; • investigatory powers of the Commission's Director General; • mandated business conduct policies (e.g., active risk management procedures); • availability of sanctions, remedies, and private actions; • cartels and leniency programmes; • extraterritorial application of the Competition Commission; • merger review; • pricing and non-pricing abuse; • international coordination; • appeal process; • fines – companies, directors and officers; • fines for non-cooperation or furnishing false information; and • liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book's practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is poised to become increasingly important in the international recognition and enforcement of competition law. As a guide to the 'landscape' of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Conclusions and Recommendations --Austria --Belgium --Bulgaria --Cyprus --Czech Republic --Denmark --Estonia --Finland --France --Germany --Greece --Hungary --Ireland --Italy --Latvia --Lithuania --Luxembourg --Malta --The Netherlands --Norway --Poland --Portugal --Romania --Slovakia --Slovenia --Spain --Sweden --Switzerland --The United Kingdom --Practical Application of Competition Rules - Similarities and Difference --Litigation before National Court for Damages Arising from Competition Breaches --Competition Authorities.