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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.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in India covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.