Syllabus LO 0806 Competition Law

  

LO 0806 Competition Law :

 

Objectives of the Course : There is aggressive competition in today’s market. New start-ups and entrepreneurs are emerging almost every day. With opening of Indian markets in almost all sectors, the study of Competition law becomes inevitable. It is a rapidly growing area of law, which reflects the free market economy and increasing world globalization. The course aims to give an overview on the basics of Competition Law in India through a comparison of the main jurisdictions (especially USA, UK and EU) and thus provide a solid background for further studies on this subject. The course will examine and compare the application of competition law to business agreements, the exercise of dominant position, the combinations between the firms and sellers and the enforcement mechanisms. 

 

Module 01

Introduction : 1.     Basic Concepts : Customer and Consumer, Market, Types of Market – Perfect Market, Monopoly, Oligopoly and Monopsony 2.     Rationale behind Competition Law 3.     Constitutional aspect of Competition Law with respect to Human Rights and Social Justice (Article 39 (b) and (c) of the Constitution of India) 4.     Relation between Competition Policy and Competition Law 5.     Objectives of Competition Law 6.     Economic analysis of Competition Law

Module 02

Historical Development of Competition Law : 1.     History and Development of Competition Law / Antitrust Law 2.     Development of Competition Laws in USA, UK and EU 3.     Sachar Committee Report, Raghavan Committee Report 4.     Salient Features of the MRTP Act, 1969

 

	5.     The Competition Act, 2002 vis a vis the MRTP Act, 1969 6.     The Competition Act, 2002 –  Objectives and Salient Features 7.     Important Definitions under the Competition Act, 2002 8.     Brief overview of Competition Law in USA, UK and EU
Module 03	Anti-Competitive Agreements : 1.     Anti- Competitive Agreements : Meaning and Scope 2.     Types of Anti-competitive agreements - Horizontal and Vertical agreement 3.     Per se Illegal Practices and Rule of Reason 4.     Exemption from anti-competitive agreements 5.     Prohibition of anti-competitive agreement / cartel / bid rigging 6.     Practices, decisions and agreements resulting into cartels 7.     Pro-competitive and anti-competitive effects of joint ventures 8.     Pro-competitive and anti-competitive effects of vertical agreements 9.     Prevention of anti-competitive agreements in USA, UK and EU
Module 04	Regulation of Abuse of Dominant Position : 1.     Economics of abuse of dominance 2.     Types of Abuse by a Dominant Player : Exploitative Abuses : Vertical restraints and Excessive pricing: Exclusionary Abuses - Price discrimination, discounts and predation Enterprise 3.     Relevant Market  4.     Dominance in Relevant Market  5.     Relevance of sector specific competitive dynamics on dominant position 6.     Predatory Pricing 7.     Defenses against abuse of dominance 8.     The remedies in case of abuse of dominance 9.     Prevention of Abuse of Dominant Position in UK and USA
Module 05	Regulation of Combinations : 1.     Combinations : Merger, Acquisition, Amalgamation and Takeover 2.     Jurisprudence of Horizontal, Vertical and Conglomerate Mergers 3.     Private Equity Investments 4.     Notification of combinations 5.     Jurisdictional test : Turn over, Asset, Domestic nexus, Exemptions 6.     Regulations and Penalties 7.     Position in USA, UK and EU
Module 06	Enforcement Mechanisms : 1.     Establishment and Constitution of Competition Commission of India, Powers and Functions 2.     Jurisdiction of the CCI 3.     Director General of Investigation (DGI) - Penalties and Enforcement 4.     Competition Appellate Tribunal 5.     Adjudication and appeals  6.     Competition Advocacy in India and International Perspective

    Module 07      Interface of Competition Law with other Laws :

1.     Intellectual Property Rights and Competition Law

2.     International Trade and Competition Law

3.     Consumer Law and Competition Law

 

Recommended Readings :

1.     Richard Whish and David Bailey, Competition Law, Oxford University Press, 9th ed, 2018.

2.     Avtar Singh, Competition Law, Eastern Book Company, 1st ed, 2012.

3.     Vinod Dhall, Competition Law Today, Oxford University Press. 2nd ed, 2019.

4.     Abir Roy, Competition Law in India: A Practical Guide, Kluwer Law International B. V., 2016.

5.     Srinivasan Parthasarathy, Competition Law in India, Kluwer Law International B.V., 2017.

6.     T. Ramappa, Competition Law in India: Policy, Issues, and Developments, Oxford University Press, 2014.

7.     Alison Jones, Brenda Sufrin, EU Competition Law: Text, Cases, and Materials, Oxford University Press, 6th ed, 2016.

8.     Barry Rodger, Angus MacCulloch, Competition Law and Policy in the EU and UK, Routledge, 5th ed, 2104.

9.     Kirsty Middleton, Barry Rodger, Angus MacCulloch, Cases and Materials on UK and EC Competition Law, Oxford University Press, 2nd ed, 2009.

10.  Maher M. Dabbah, International and Comparative Competition Law, Cambridge University Press, 2010.

11.  Cedric Ryngert, Jurisdiction Over Cross – Border Mergers : A US –EU perspective.  Competition Law – Emerging Trends, 94-124, P. Satyanarayana Prasad ed., The ICFAI University Press, Amicus Books, 1^ST ed. 2007.

 

Syllabus LO 0805 Human Rights Law and Practice

 

 

LO 0805 Human Rights Law and Practice :

 

Objectives of the Course : The National Legal Systems recognized the rights of individuals from ancient periods and extended protection through various legal regulations. However, they could not provide an effective remedy for breaches outside the state and state violations. This scenario and other developments in the beginning of 20th century led the nation-states to bring the aspects of individual's rights under the purview of international law and appropriately titled them as Human Rights with the adoption of Charter of UN in 1945. In pursuance of the directions of the preamble and other provisions of Charter, a plethora of international instruments have been agreed upon by the States Parties to Protect and promote the Human Rights of Individuals both at international and domestic levels. In view of the gaining significance of International Law of Human Rights, this course presents subtly an overview of the International and Domestic perspectives of Human Rights along with the redressal mechanism.

 

Module 01	Introduction : 1.     Historical origins of Human Rights in International and National Scenario -  Nature and an overview 2.     Basic Components of Human rights – Value, Dignity, Equality, Justice, Morals and Ethics and Significance 3.     Perspectives on Rights and Duties – Relationship between Rights and Duties 4.     Provisions under the Charter of UN – Preamble, Articles 1(3), 13(1)(b), 55 and 56 5.     International Bill of Human Rights (UDHR, ICCPR, ICESCR) - Nature and significance 6.     Introduction to generation of Human Rights
Module 02	First Generation Human Rights :   The Civil and Political Rights – ICCPR, Part III of the Constitution of India and Landmark Cases : 1.     Civil Rights: Freedom of Opinion - Freedom of Expression and Press, Right to Personal Security in relation to justice and police, Equality before Law, Right to Life and Liberty, Right to Privacy, Right to Religion  2.     Political Rights: Equal access to Public, Participation in Governance, Right to Vote and Good Governance
Module 03	Second Generation Human Rights :   The Economic, Social and Cultural Rights : ICESCR, Part IV of the Constitution of India and Landmark Cases : 1.     Economic and Social Rights: Labour Rights, Right to Property, Right to Education, Freedom of Association, Right to Social Security (Pension, Medical Services - Right to insurance for sickness, old age – Unemployment allowance etc.)  2.     Cultural Rights: Right to develop Languages, Right to follow Customs, Folkways, Literature, and Traditions, Right to enjoy Scientific and Technological benefits
Module 04	Third and Fourth Generation Human Rights :   1.     Group Rights (Third Generation Rights) : Right to Development, Right to Self-determination, Right to Peace and Happiness, Right to Safe and Decent Environment, Right to Human Assistance, Right to Adequate Food, Right to water - Landmark Cases 2.     Right to Genetic Engineering (Fourth Generation Rights) : Right to Protect

 

	Human Genome against unethical and unfair exploitation of genetic information (The UNESCO Declaration on Human Genome from 1997), Right to Genetic Identity, Right to impose restrictions on medical (Scientific and Technology) interference, Right to Die in Peace and Dignity, Right to Life of the Unborn  (with reference to abortion and infanticide). Relationship of Science & Technology and Human Rights 3.     Upcoming Human Rights –right to science, right to participate in science, right to benefit from science, right to benefit from a person's own contribution or invention, etc. 4.     The Conflict Between Generations of Rights
Module 05	Human Rights of Vulnerable and Disadvantaged Groups : 1.     Meaning and Definition of Vulnerable and Disadvantaged Groups 2.     Social and Economic Status of Women and Children 3.     Status of Socially and Economically Disadvantaged groups - Rights of Indigenous People (Scheduled Tribes), Scheduled Caste, Minorities, Aged and Disabled 4.     Vulnerable Groups - Sex Workers, Domestic Workers, Stateless Persons, Migrant Workers, HIV/AIDS patients, LGBTQ and Prisoners
Module 06	Enforcement Mechanism of International Human Rights - Constitution, Powers and Functions : 1.     The Human Rights Committee under ICCPR 2.     The Committee on Economic, Social and Cultural Rights under ICESCR 3.     The Committee on Elimination of Discrimination Against Women under CEDAW 4.     The Committee on the Rights of the Child under CRC 5.     Role of Human Rights Council and Office of the High Commissioner for Human Rights
Module 07	Human Rights Enforcement in India : 1.     The Protection of Human Rights Act, 1993 – Object, Nature, Scheme, Definitions, Landmark cases 2.     Constitution, Powers and Functions of  - a)     National Human Rights Commission b)    National Commission for Women c)     National Commission for Protection of Child Rights d)    National Commissions for Scheduled Castes, Scheduled Tribes,  Minorities and other disadvantaged groups 3.     Role of Judiciary in Enforcement of Human Rights 4.     Human Rights Courts and their importance
Module 08	Significance of Human Rights Education : 1.     Meaning and Definition of Human Rights Education 2.     Role of UN in the Promotion of Human Rights Education 3.     Role of Government of India in the Promotion of Human Rights Education – UGC and Universities

 

Recommended Reading:

1.     V. K. Ahuja, Public International Law, LexisNexis, Noida, 2016.

2.     Gurdip Singh, International Law, Eastern book company, Lucknow, 2016.

3.     Editors, Eibe Riedgal, Gilles Giacca, Christophe Golay, Economic social and Cultural Rights in International Law, Oxford University Press, 2014 

4.     Walter Kailin and JorgKunzli, The Law of International Human Rights Protection, Oxford University Press, New York, 2010.

5.     Peter N. Strarms, Human Rights in World History, Routledge, New York, 2010.

6.     De Schutter, International Human Rights Law, Cases, Materials Commentary, Cambridge University Press, New Delhi, 2010.

7.     V.R. Krishna Iyer, The Dialectics and Dynamics of Human Rights in India - Yesterday, Today and Tomorrow, Eastern Law House, New Delhi.

8.     Manoj Kumar Sinha, Implementation of Basic Human Rights, LexisNexis.

9.     Editors, Ian Brownlie and Guy S. Goodwin-Gill, Basic Documents on Human Rights, Oxford University Press.

Syllabus LP 0804 Practical Training Paper II - Alternative Dispute Resolution System

 

LP 0804 Practical Training Paper II - Alternative Dispute Resolution System :

 

Objectives of the Course : The objective of this course is to acquaint the students with various modes of Alternate Dispute Resolution System (ADR). The ADR mechanism is less bound by procedural formalities and speedy in giving results. For this reason ADR is appreciated by many countries around the world. The course is designed to give the students insightful knowledge about this emerging area. The goal of the course is to help the students to understand practically the various methods of resolving disputes under ADR system, so that they can help their clients and society to select and employ the most effective, just and humane methods. The inability to resolve disputes in a timely manner eviscerates public and private rights obligations. To overcome this drastic situation ADR is highly recommended and accepted. The course covers study of the Arbitration and Conciliation Act, 1996, the Legal Services Authority Act, 1987 and few international perspectives and enforcement of foreign awards.

 

Scheme of Marking :

    Part A     : University Written Examination                       : 80 Marks

    Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks)                                                  : 20 Marks

 

Part A : Syllabus for University Written Examination : 80 Marks

 

Module 01	Alternate Dispute Resolution Mechanisms : 1.     Alternate Dispute Resolution Mechanisms : Meaning, Definitions, Concept and History 2.     Structure Powers and Functions of the Authorities under the Legal Services Authority Act, 1987 3.     Legislative and judicial sanction for ADR 4.     Forms of ADR : Negotiation, Mediation, Conciliation, Arbitration, Lok Adalat
Module 02	Negotiation and Mediation : 1.     Meaning, features, theories, types of negotiation 2.     Appointment, role and qualities of the negotiator, Process of negotiation 3.     International negotiation 4.     Meaning, features, theories and role of Mediation 5.     Appointment and role of mediator 6.     Good offices
Module 03	Conciliation : 1. Meaning, features and modes of Conciliation
	2.              Conciliation under the Arbitration and Conciliation Act, 1996 3.              Appointment and role of conciliator 4.              Techniques of conciliation and Termination of conciliation proceedings 5. Contractual provisions about conciliation
Module 04	Arbitration : 1.     Meaning, features, theories and types of arbitration 2.     Historical perspectives of arbitration as a dispute settlement mechanism, and law of arbitration 3.     Types of Arbitration - Domestic and International arbitration, Institutional arbitration 4.     Advantages and disadvantages of arbitration  5.     Difference between Negotiation-Mediation-Conciliation-Arbitration
Module 05	Arbitration Agreement : 1.     The arbitration agreement, formation, its essentials 2.     Validity of arbitration agreement 3.     Rule of severability, Effect of death, insolvency, etc. on agreement 4.     Parties to arbitration agreement, Agreement as binding on third parties 5.     Power of Court to refer parties to arbitration 6.     Jurisdiction of Courts
Module 06	Structure, Powers and Functions of Arbitral Tribunal : 1.     Constitution of Arbitral Tribunal - qualifications to act as arbitrator 2.     Disclosures by arbitrator, Disqualification of arbitrators 3.     Grounds to challenge appointment and procedure of Arbitrators 4.     Powers of Courts to appoint Arbitrators 5.     Jurisdiction of arbitral tribunal - Power to rule on its own jurisdiction 6.     Interim measures ordered by arbitral tribunal  7.     Interim measures by Court
Module 07	Arbitration Proceedings and Award : 1.     Conduct of arbitral proceedings, procedure, rules of procedure 2.     Language, impartiality of arbitrator, equal treatment of parties 3.     Procedure before arbitral tribunal, claim, defence, hearing, evidence, experts, confidentiality, application of the Law of Evidence and Limitation 4.     Court’s assistance in taking evidence, fast track procedure 5.     Arbitral award - Types of award - Form and Content - Finality of award - Interpretation of award 6.     Correction in award - Stamp duty - Registration - Additional award Costs - Termination of proceedings 7.     Time limits for award, extension of time 8.     Recourse against award, Grounds of setting aside award, Court’s role, Enforcement of award
Module 08	International Perspectives and Enforcement of Foreign Awards -

International Perspectives :

1.     UNCITRAL Model Law on International Commercial Arbitration

2.     The Geneva Protocol on Arbitration Clauses, 1923

3.     The Geneva Convention on the Execution of Foreign Arbitral Awards 1927

4.     The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958

5.     Foreign awards – meaning and definition (New York Convention Awards and Geneva Convention Awards)

6.     Referring parties to arbitration

7.     Binding nature of foreign awards,

8.     Enforcement of foreign award, Proof of award, Conditions for enforcement

9.     Jurisdictional issues

 

Note : 

1.     The college shall organise interaction session(s) of experts in the Alternate Dispute Resolution System with the students.

2.     The college shall also organise a visit of students to State Legal Services Authority / District Legal Services Authority / Taluka Legal Services Committee / Local Legal Aid Centre to observe actual working of the Authority. Alternatively, the college may organise an interaction session(s) of experts in the concerned area with the students. 

3.     The purpose of the visit / interaction session should be to provide or to enhance the practical knowledge of the students with respect to the course. 

4.     The concerned teacher is advised to orient the students, before organisation of visit / interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.

 

Part B : Contents of Written Submissions (Journal) : 

The Written Submissions (Journal) shall contain the following :

1.     Draft of a domestic arbitration agreement after a commercial dispute has arisen between parties.

2.     Draft of an application to the Court for setting aside an arbitration award.

3.     Draft of an application to the appropriate court to appoint an arbitrator when parties have failed in their attempts to appoint one according to the arbitration agreement.

4.     Report on interaction session(s) on Alternate Dispute Resolution System.  

5.     Report on visit to State Legal Services Authority / District Legal Services Authority / Taluk Legal Services Committee / Local Legal Aid Centre or on Interaction Session(s).

Note : 

1.     A concerned teacher may change topics for writing of drafts by considering the objectives of the course.

2.     A Report on visit / interaction session shall consists  : (a) Purpose of the Visit / Interaction,

(b) Observations / Information Collected by the student, (c) Relevant Provisions of  Law, (d) Comments on Linkage between Law and Practice. A concerned teacher may add in or modify the specified contents of report.

 

 

 

Recommended Readings :

1.     Justice R.P. Sethi, Commentary on Arbitration and Conciliation Act as Amended in 2016, 2^nd Edition, Wytes and Co., 2016.

2.     Madhusudan Saharay, Textbook on Arbitration & Conciliation with Alternative Dispute Resolution, 4th ed, Universal Law Publishing, 2017.

3.     N V Paranjpe, Law Relating to Arbitration and Conciliation in India, 7th ed, Central Law Agency, 2016.

4.     Avtar Singh, Law of Arbitration and Conciliation, 10th ed,, Lucknow, 2013.

5.     Mallika Taly, Introduction to Arbitration, Eastern Book Company, 2015.

6.     Vishnu Warrier, Arbitration, Conciliation and Mediation, LexisNexis, 2015.

7.     K V Satyanarayana, Law of Arbitration and Conciliation in India, Asia Law House, 2017.

8.     Anirban Chakraborty, Law and Practice of Alternative Dispute Resolution in India – a Detailed Analysis, LexisNexis, 2016.

9.     Ashwini Kumar Bansal, Arbitration and ADR, 5th ed, Universal Law Publication, 2016.

10.  Shriram Panchu, Mediation Practice and Law - The Path to Successful Dispute Resolution, 2nd ed, LexisNexis, 2015.

11.  Anuroom Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation, LexisNexis, 2015.

12.  P C Rao and William Sheffield, ed, Alternative Disputes Resolution- What it is and How it Works? Universal Law Publishing, New Delhi, 2015.

13.  S B Malik, Commentary on the Arbitration and Conciliation Act, 6th ed, Universal Law Publishing, 2013.

14.  N D Basu, Law of Arbitration and Conciliation, 13th ed, Orient, 2016.

15.  U Pattabhi Ramian, Arbitration & ADR Including Conciliation, Mediation & Negotiation, Asia Law House, 2011.

16.  R S Bachawat, The Law of Arbitration and Conciliation, 5th ed, LexisNexis, 2013.

17.  P C Markanda, Law Relating to Arbitration and Conciliation, 9th edn, LexisNexis, 2016.

18.  O P Malhothra, The Law and Practice of Arbitration and Conciliation, 2nd edn, LexisNexis Butterworths, 2006.

19.  N D Basu, Law of Arbitration and Conciliation, P K Majumdar (ed), Orient, 2016.

20.  G K Kwatra, The Arbitration and Conciliation Law of India, Universal Law Publishing, New Delhi, 2008.