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India, till 2002, did not have a law dealing specifically with anti-trust issues. It was in this context that a separate law dealing with competition and antitrust issues was considered necessary and the Competition Act, 2002, was passed. Enacted to fulfil India's obligations under the WTO agreements, the Act replaced the then existing Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) which was considered inadequate and archaic for the purpose of meeting the objectives of competition policy. This substantially revised edition discusses the Competition Act, 2002, and subsequent amendments to it, in 2007 and 2009. Following the 2007 amendment, the Competition Commission became a market regulator and the Competition Appellate Tribunal was established. The 2009 amendment provided for a mechanism to dispose of the cases pending before the MRTP Commission. The book makes a detailed study of key issues including anti-competitive agreements, abuse of dominant position, and combinations (acquisitions and mergers). It further analyses the roles of authorities such as the Competition Commission of India, the Director-General, and the Competition Appellate Tribunal in enforcing the provisions of the Act. The book also undertakes a comparative study of competition law in the US, UK, and EU with emphasis on important judgments.
With reference to India.
The liberalization of the Indian economy opened the market to foreign players, creating the need for legislation to regulate the competitive environment and prevent anti-competitive practices of undertakings that would have an impact on markets. Thus, the Competition Act, 2002 was enacted, repealing the erstwhile Monopolies and Restrictive Trade Practices Act, 1969, which had become archaic and did not suit the present needs. “Conceptual Foundations of Competition Law in India” is a succinct text on the Competition Act, 2002. It encapsulates the legal provisions pertaining to cartels, abuse of dominance and combination regulation along with relevant case law in India. It provides a comparative analysis of competition law or anti-trust law in various jurisdictions, including the U.S. and the E.U. This book is a ready reckoner for corporate lawyers, students as well member of the business community in whose interest the law has been enacted.
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Indian Contract Act, 1872 1. Business (Mercantile) Law : An Introduction, 2. Indian Contract Act, 1872 : An Introduction, 3.Contract : Meaning, Definition and Characteristics of a Valid Contract, 4. Agreement : Meaning, Kinds and Difference, 5. Proposal (Offer), Acceptance Communication and Revocation, 6. Capacity of Parties to Contract or Parties Competency to Contract, 7. Free Consent, 8. Lawful Consideration and Objects, 9. Agreements Expressly Declared as Void, 10 . Contingent Contracts, 11. Performance of Contracts and Appropriation of Payments, 12. Discharge of Contracts, 13. Quasi or Implied Contracts of Certain Relations Resembling those Created by Contracts (Sections 68 to 72), 14. Remedies for Breach of Contract Special Contracts 15. Contract of Indemnity and Guarantee, 16. Contract of Bailment and Pledge, 17. Contracts of Agency, The Negotiable Instruments Act, 1881 1.Negotiable Instruments Act, 1881 :Introduction, 2. Parties to a Negotiable Instruments, 3. Negotiation, 4. Presentment and Dishonour of Negotiable Instruments, 5. Discharge of Negotiable Instruments, 6. Hundis, 7. Banker and Customer, The Consumer Protection Act, 1986 1. The Consumer Protection Act, 1986, M.R.T.P. Act, 1969 1. The Monopolies and Restrictive Trade Practices Act, 1969, 2. The Monopolies and Restrictive Trade Practices Commission, 3. Prohibition of Monopolistic, Restrictive and Unfair Trade Practices, Competition Act, 2002 1.Competition Act, 2002 The Foreign Exchange Management Act, 2000 (FEMA) 1. The Foreign Exchange Management Act, 2000 Intellectual Property Rights Act 1. Intellectual Property Rights Act (Copy Right, Patent and Trade Mark Act).