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Taxmann Competition Laws Manual with Case Laws Digest

From Taxmann
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Author :Taxmann

Publisher :Taxmann

ISBN No :978-9371268356

SKU :TMP230

Edition :14th Edition 2025

Pages :772

Format :Paperback

HSN No :49011010

Country Region :India

Weight :0.825 kg

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Description

Competition Laws Manual with Case Laws Digest is an authoritative and up-to-date reference that focuses on India's competition (antitrust) regime. This Edition incorporates all amendments and notifications, including the most recent changes made by the Competition (Amendment) Act 2023. The Manual explains the legal, economic, and procedural aspects of anti-competitive agreements, abuse of dominant position, and the regulation of mergers and acquisitions (combinations). It also provides extensive guidance on the workings of the Competition Commission of India (CCI) and the National Company Law Appellate Tribunal (NCLAT), supplemented with a comprehensive digest of case laws. By weaving together statutory provisions, rules, regulations, notifications, and insightful commentary, the book serves as a comprehensive one-stop resource for readers. It highlights the day-to-day implications of competition law in India, offers analyses of leading judicial precedents, and includes practical checklists and procedural guides for compliance.

This book is intended for the following audience:

  • Practitioners & Lawyers – Ideal for advocates and law firms specialising in corporate, commercial, and competition litigation, offering quick references and detailed expositions on Competition Act provisions
  • In-house Legal Teams & Compliance Officers – Detailed coverage of notification requirements, merger regulations, and settlement/commitment provisions helps corporate counsel and compliance professionals
  • Chartered Accountants, Company Secretaries & Cost Accountants – Aids professionals involved in regulatory compliance, filings, and advisory work for competition law aspects of M&A, joint ventures, or business agreements
  • Academics & Students – An excellent academic resource for coursework and research with detailed commentary, legislative history, and case digests
  • Policy-makers & Regulators – Reference material for authorities needing to align policies with competition principles and track legal developments in competition jurisprudence

The Present Publication is the 14th Edition | 2025, amended upto 2nd June 2025. This book is authored/edited by Taxmann's Editorial Board with the following noteworthy features:

  • [Incorporates the Latest Amendments] Covers the Competition (Amendment) Act 2023 in detail, explaining each amendment and its practical impact
  • [Comprehensive Commentary & Analysis]
    • Detailed discussions on anti-competitive agreements (including cartels), abuse of dominant position, and combination regulations
    • Insightful interpretations of new concepts like 'material influence,' expanded powers of the Director General, settlement and commitment provisions, and 'global turnover' for penalty computation
  • [Structured Presentation]
    • Clear demarcation of statutory provisions, rules, regulations, notifications, and circulars
    • Systematic arrangement of chapters reflecting the actual flow of the Competition Act, along with paraphrased commentary, relevant highlights, and tabular summaries
  • [Extensive Case Laws Digest]

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Content

Competition Laws Manual with Case Laws Digest


PART I: INTRODUCTION TO COMPETITION LAW

1. Overview of Competition Law

  • Purpose and evolution

  • Anti-competitive practices

  • Key principles: fair competition, consumer welfare, market efficiency

2. Sources of Competition Law

  • Domestic legislation (e.g., Competition Act, 2002 in India)

  • International influences (WTO, OECD, EU, US Antitrust law)

  • Role of regulatory authorities (e.g., CCI - Competition Commission of India)


PART II: SUBSTANTIVE PROVISIONS OF COMPETITION LAW

3. Anti-Competitive Agreements (Section 3)

  • Horizontal agreements (cartels, price fixing, bid rigging)

  • Vertical agreements (resale price maintenance, exclusive supply)

  • Presumption of appreciable adverse effect (AAEC)

Case Law Digest:

  • Excel Crop Care Ltd. v. CCI

  • Hindustan Petroleum Corp. Ltd. v. CCI

4. Abuse of Dominant Position (Section 4)

  • Definition of dominance

  • Abuse: unfair pricing, denial of market access, predatory pricing

Case Law Digest:

  • MCX Stock Exchange Ltd. v. NSE

  • BCCI v. CCI

5. Regulation of Combinations (Section 5 & 6)

  • Mergers, acquisitions, amalgamations

  • Threshold limits and notification requirements

  • Exemptions

Case Law Digest:

  • Reliance Industries Ltd. / Bharti AXA Life Insurance

  • Sun Pharmaceuticals / Ranbaxy Laboratories


PART III: PROCEDURAL FRAMEWORK

6. Powers and Functions of the CCI

  • Investigation procedures

  • Powers to impose penalties, issue cease and desist orders

  • Role of Director General (DG)

7. Appeals and Review Mechanism

  • Appeal to the National Company Law Appellate Tribunal (NCLAT)

  • Appeal to the Supreme Court

8. Penalties and Leniency Program

  • Penalty provisions for anti-competitive practices

  • Leniency guidelines and cartel disclosures


PART IV: SECTORAL IMPACT AND SPECIAL TOPICS

9. Interface with Sector Regulators

  • Telecom, Energy, Insurance, Pharma, etc.

  • Overlapping jurisdiction and conflict resolution

10. Digital Markets and Competition Law

  • Big Tech and market dominance

  • Algorithms and pricing

  • Data as a competitive advantage

Case Law Digest:

  • Google LLC (Android Case in India)

  • Amazon / Future Retail investigation


PART V: INTERNATIONAL COMPARISON

11. Competition Law in Other Jurisdictions

  • USA: Sherman Act, Clayton Act

  • EU: Treaty on the Functioning of the European Union (TFEU)

  • UK: Competition Act 1998

12. Cross-Border Enforcement and Cooperation

  • Cartel enforcement globally

  • International mergers and jurisdiction


PART VI: CASE LAWS DIGEST (Alphabetical or Thematic Index)

  • Brief summaries of 50–100 landmark decisions

  • Key facts, legal issues, ruling, rationale

  • Categorized by section and theme

Example Entry:

Case Name: Excel Crop Care Ltd. v. CCI

  • Facts: Alleged price-fixing cartel in Aluminium Phosphide tablets.

  • Issue: Whether the companies colluded to rig bids.

  • Held: Supreme Court upheld CCI’s penalty; cartel was proven.

  • Significance: Clarified principles of parallel behavior vs. collusion.

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