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Competition Law

notes of competition act, 2002

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0% found this document useful (0 votes)
482 views23 pages

Competition Law

notes of competition act, 2002

Uploaded by

yuvikahans06
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF or read online on Scribd
Catalog ‘Competition Law Syllabus ‘Competition Law 201 Competition Law 2016" 7 Competition Law 2017" 10 ‘Competition Law 2018: 13 ‘Competition Law 2019" 15 Competition law 2020" 18 Competition Law 2021-~ 94 B.A. LL.B.(HONS.) 5 YEAR COURSE SIXTH SEMESTER ‘Competition Law CODE NO.1754 (2017-18) Paper Fourth MM: 80 Marks ‘Time: 3 Hours NOTE FOR EXAMINER/PAPER SETTER The question paper of each course will be divided into Five sections, each of the First Four Sections of the Question Paper will contain 2 questions respectively from Unit-1 to Unit-4 of the syllabus. The students will be required to attempt one question from each section. Section 5 of the question paper shall contain & short answer type questions of 3 marks each(without any choice) covering the entire syllabus. As such Section 5 will be compulsory. The examiner will be free to set the questions in problem forms based on case law. Learning Objective: The key objectives of competition law are welfare, efficiency, and free and fair competition. There are distributive dimensions in competition law that are related to different notions of welfare. An important function of competition law is to prevent private restrictive business practices and public policies that may unnecessarily impede the redeployment of scarce resources from lower- to higher valued uses. NOTE FOR STUDENTS( ON QUESTION PAPER) Attempt four questions from sections 1 to 4, selecting at least one question from each section, These questions shall carry 14 marks each. Section 5 is compulsory and each question in this section shall carry 3 marks UNIT-I: COMPETITION ACT 2002 Background, Prohibitions, Competition Commission of India, Competition Advocacy UNIT- : CORPORATE FINANCE & REGULATORY FRAMEWORK SEBI Act, 1992, The Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 UNIT-II: REGULATORY FRAMEWORK FOR FOREIGN TRADE, MULTINATIONAL COMPANIES Foreign Trade (Development Regulation) Act, 1992 UNIT-IV: FOREIGN EXCHANGE MANAGEMENT ACT, 1999 Background, Policies, Authorities 95 BOOKS RECOMMENDED Pardeep S. Mehta, Competition and Regulation in India, (CUTS Intemational, 2011) Richard Whish & David Balley, Competition Law, (Oxford, Online Resource Centre, 7" Ed) Abir Rao & Jayant Kumar, Competition Law, (2010, 1" Ed.) Sanjiv Agarwal. Investor Guide to Stock Market (Latest Ed.) V.A. Avadhani. SEBI guidelines and listing of Companies (Himalaya Publishing House, Latest Ed.) Bal Krishan Marta. Security Market in India (Latest Ed.) Dr. Chandrate, Dr. $.D. Irani, Capital Issues SEBI & Listing (Latest Fd.) RP. Hooda. Indian Securities Market (Latest Ed.) BLL. Mathur. Indian Capital Market Challenges and Responses (Latest Ed.) Ravi Puliani and Mahesh Puliani, SEB/ Manual (Latest Ed.) V.K. Aggarwal. Consumer Protection Law & Practice. (Latest Ed.) Competition Act 2002 Security Contracts(Regulation) Act 1956 SEBI Act 1992 Depositaries Act 1996 Foreign Trade (Development & Regulation) Act, 1992 FEMA 1999 *Students are advised to study latest edition of the books and case laws. Roll No 9637-A LL.B. Honours 5 Year Course 7th Semester/LL.B (Hons) 3 Year Course 3rd Semester (New Scheme) Examination— December, 2015 Competition Law-IV (New) P Code 704 Paper : P-IV (New) Time : 3 hours Max. Marks : 80 Before answering the questions, candidates should ensure that they have been supplied the correct and complete question paper. No complaint in this regard will be entertained after the examination. Note : Attempt four questions from Sections 1 to 4 selecting at least one question from cach section. These questions shall carry 14 marks each. Section 5 is compulsory and cach question in this section shall carry 3 marks. 9637-A-1000-(P-4(-9)(15) (1) [Turn Over Section-I 1. Discuss the recommendations and suggestions of Raghavan Committee. 2. Explain the powers, functions and duties of the Competition Commission of India. Section-II 3, What do you mean by ‘Securitization’ ? Discuss the advantages of securitization. 4. Discuss the powers of SEBI under the SEBI Act, 1992. Section-III Explain the powers of Central Government to make order and announce Foreign Trade 9837-A-1000-(P-4)(-9)(15) (2) Policy under Foreign Trade (Developmer and Regulation) Act, 1992. 6. Discuss the different provisions for the development and regulation of Foreign ‘Trade Section-IV 7. What are the powers and functions of Enforcement Director under FEMA 1999 ? 8, What are the provisions of adjudication and appeal in FEMA 1999. Section-V 9, Write notes on the : (i) What do you mean by ‘Agreement’ ? (ii) What do you understand by ‘Relevant Geographic Market’ ? 9697-A-1000(-4)(0-9)115) (3) [Turn Over (iii) Write a note on anti competitive agreement fiv) What do you mean by the Phrase ‘Appreciable Adverse Affect (AAA)’ ? (v) Explain briefly ‘Abuse of Dominant Position’. (vi) Write a short note on ‘Insider Trading’. (vii) Discuss the ‘Capital Account ‘Transaction’, {vili) How do people of Indian origin-contribute to FDI in India ? 9837-A-10004P-4y(0-9)(15) (4) » Roll No. 9637-A LL. B. (Honours) 7th Sem. 5 Year Course/ LL. B. (Hons.) 3rd Semester 3 Year Course (New Scheme) December, 2013 Examination — November, 2016 COMPETITION LAW - IV (NEW) P. Code - 704 Paper: P-IV ‘Time : Three Hours ] [Maximum Marks : 80 Before answering the questions, candidates should ensure that they have been supplied the correct and complete question paper. No complaint in this regard, will be entertained after examination. Not Attempt four questions from Section I to IV, selecting at least one question from each Section. These questions shall carry 14 marks each, Section V is compulsory and each question in this section shall carry 3 marks. SECTION -1 1, Discuss the reasons which led to the adoption and enforcement of the Competition Act, 2002 9837-A-20004(P:3}(0-9)16) RTOS 2. What are the anti-competitive agreement ? Discus: che role of competition commission of India in prohibiting these agreement SECTION - II 3. Explain the functions of SEBI under SEBI Act, 1992. 4. Discuss the role of ‘Special Purpose Vehicle’ under Sccuritization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. SECTION - Ill 5. Discuss the salient features of the Foreign Trade (Development and Regulation) Act, 1992. 6. What are the powers and functions of the adjudicating. and other authorities under Foreign Trade (Development and Regulation) Act, 1992? | SECTION -IV 7. Discuss the composition, powers and functions of Appellate Tribunal under FEMA 1999. | 8. Explain the duties and powers of Enforcement Director under FEMA 1999. 9637-A-2000-(P-3)0-9)(16) (2) SECTION -V 9. (i) Who isa ‘Person Resident in-India ? (i) Write anote on Foreign Exchange. (iii) What is the main object of SEBI Act 1992 ? (iv) What do you mean by ‘Relevant Product Market’ ? (v) Define the Cartel. (vi) What do you mean by Share? (vii) What agreements cause an adverse effect on ‘competition ? (viii) What do you understand by borrower ? 9637-A-2000-(P-3)(0-9)(16) (3) 9637-A BA LLB (Hons.) 5 Year Course 7th Semester Common with LLB (Hons.) 3 Year Course 3rd Semester Examination — November, 2017 COMPETITION LAW (New) (w.e.f. Dec. - 13) Paper : 704 Time: Three Hours] [Maximum Marks : 80 Before anscwering the questions, candidates should ensure that they have len supplied the correct and complete question paper. No complaint in this regard, will be entertained after examination. Note: Attempt five questions in all, selecting ome question from each Unit. Question No. 9 (Unit - V) is compulsory. All questions carry equal marks. UNIT =I 1. What are the objectives of competition Act, 2002, How would the objectives of the Act be achieved. 2. What are the provision of appeal against any order of the competition commission ? 19837-A-1950-(P-3(0-8)(17) P.T.O, UNIT - II Explain the provisions relating to prohibition of manipulative and deceptive devices, Insider Trading and substantial acquisition of securities or control under SEBI Act, 1992. 4. Discuss the methods of recovery under SRFAESI, Act 2002. UNIT = IIL 5. Discuss the powers of central government to make orders and announce export and import policy under foreign trade (development and regulation) Act, 1992. 6. Explain the powers of Central Govt. to search and seizure under foreign trade (development and regulation) Act, 1992 UNIT -1V 7. Discuss the composition, powers and functions of appellate tribunal under FEMA, 1999. 8. Explain nature, scope and salient features of FEMA, 1999. 9637-A-1350-(P-3)(0-9)(17) (2) UNIT-V 9. (a) Anti-competitive agreement (b) Abuse of dominance (©) Qualified institutional buyer (@) Powers of debt recovery tribunal (©) Penalties under FIDR Act, 1992 () Importer-Exporter code number (g) Current Account Transaction (h) Repatriate to Iridia under FEMA, 1999 9637-A-1350-(P-3)(0-9)(17) (3) 9637-A BA. LLB (Hons.) 5 Year Course 7th Semester (Common with LL-B Hons.) 3 Year Course 3rd Semester) Examination, November-2018 COMPETITION LAW. (wef. Dec-13) Time allowed : 3 hours] [Maximum marks : 80 Note: Attempt four questions from Unit LIV, selecting one question from cach unit. Unit-V is- compulsory. < Unit-l 1, — What are the powers and duties of the Competition Commission of India ? 14 2. Discuss the composition of the Competition Commission of India. . 14 Unit 3. _ Examine the Establishment, Jurisdictiod, Authority and Procedure of Appellate ‘Tribunal ander the SEBI Act, 1992, aS" 14 4. Discuss the legal provisions regarding regulation of Securitisition and Reconstruction of Financial Assets of Banks And Financial Institutions. 14 - 9637-A-P-2-Q-9(18) [P.T.O. (2) 9637-A ‘Unit-01 5:.-. Discuss the provisions regarding Controls on export of specified goods, services atid technology. . .14 6. _ Examine the Importer-Exporter Code Number under the Foreign Trade (Development and Regulation) Act, 1992. a 14 7... Examine the establishment, composition and powers of Appellate Tribunal under FEMA, 1999. 14 8. Explain the regulation and management of Foreign Exchange under FEMA, 1999. 4 Unite¥ 9. . Write short notes on the following : 8x3=24 @: 0) © @ “() © ® ®) 9637-A Regulation of Combinations Cartel Collective Investment Scheme Qualified Institutional Buyer ° Foreign Trade Policy Capital Account Transaction Authorised Person under FEMA, 1999, Roll No. ... 9637-A B. A. LL. B. (Hons.) 5 Year Course 7th Semester Common with LL. B. (Hons.) 3 Year Course 3rd Semester Examination — November, 2019 COMPETITION LAW (w.e.f. Dec. - 13) Paper: 704 Time : Three Hours | [ Maximum Marks : 80 Before answering the questions, candidates should ensure that they have been supplied the correct and complete question paper. No complaint in this regard, will be entertained after examination. Note: Attempt five questions in all, selecting one question from each Unit. Question No. 9 (Unit — V) is compulsory. All questions carry equal marks. UNIT -1 14.. What are the Anti-competitive Agreements ? Discuss the power of competition commission to restrict such type of agreements. 14 2. Discuss in detail the power, functions and duties of the competition commission of India. . 14 9637-A-2500-(P-3)(Q-9)(19) . P.T.O. UNIT ~11 3. Explain the functions of SEBI in regard to Protect the interest of Investors in securities market. 14 4. What do you mean by securitization and. reconstruction ? Define — the advantages of securitization and reconstruction. 14 UNIT =I - Discuss in detail the salient features of the foreign trade (Development Regulation) Act, 1992, 14 . Discuss the power of central govt. in relating to foreign trade policy in present scenario. 14 UNIT -IV 7. Explain in detail the various sectors, where foreign investment is prohibited ? 14 . Discuss the objects and background of FEMA, 1999. 14 UNIT-v 9. Explain the following : 3x8=24 (a) Competition Advocacy (b) Director General (©) Objects of SEBI 9637-A-2500-(P-3)(Q-9)(19) (2) ({d) Prohibitions (e) Repatriate to India (f) Capital Account Transaction (g) Abuse of Dominance (h) Insider Trading 9637-A-2500-(P-3)(-9)(19) (3) Roll No. 9637-A BA LLB (Hons.) 5 Year Course 6th sem (w.e.f. May-2020) Examination - December, 2020 COMPETITION LAW Paper : 1754 Time : 1.45 Hours ] [ Maximum Marks :80 Before answering the questions, candidates should ensure that they have been supplied the correct and complete question paper. No complaint in this regard, wil be entertained after examination. Note: Attempt any three questions. All questions carry equal marks. 1. Explain the establishment, composition and functions of competition commission of India. 2. Discuss in detail the Regulation of Combination in the Competition Act, 2002. 9637-A-10S8 -(P-3)(Q-9)(20) P.O! What are the salient features of the Securitiz, ti : ; : ‘ation an, reconstruction of Financial Assets and Enfor ca d : ent of Security Interest Act, 2002. 4, Discuss in detail the position of SEBI to control th : le capital market. 5. Discuss in detail the powers of Central Govt. to make orders and announce Export and Import Policy. 6. Discuss the various provisions related to Export and Import Code. Can export or import be made without export and import code ? 7. What are the Powers, Functions and Duties of Enforcement Directorate under FEMA Act, 1999? 8. Discuss in detail the legal provisions relating to adjudication and Appeal in FEMA Act, 1999. 9. Explain the following : (a) Licence (b) Cartel (c) Special Purpose Vehicle 9637-A-. -(P-3)(Q-9)(20) (2) (e) (f) (8) (h) 9637-A- Non Performing Assets Securities Appellate Tribunal Authorised Person Current Account Transaction . det Power of R. B. 1, to issue directions U™ 1999. p-3a-920) (3) ‘hups://www.mdustudy.com 9637-A B.A. LL.B. (Hons.) 5 Year Course 7 ‘Semester Common with LL. B. (Hons.) 3 year course 3 rd Semester Examination - March, 2021 t.- Doc. -13) COMPETITION LAW (Ww. Paper : 704 Time : Three hours [Maximo Marks :80 Bjorn qs ites ste en at ey oe bon supplied the coret and complete guestion paper. No complaint in this regard wl betertaind afer exainaion. tions from Unit to Unit lV, Note: Attempt four ques selecting one question from each Unit Unit-V is compulsory unrr-1 4. What are the salient features and objects of Indian Competition Act 2002? 4 2. Discuss the powers, functions and duties of the Competition Commission of Ind. 4 sear aciso(rsyoayen P.T.0 Inups:newwemdustudy.com ‘hups:?/www.mdustudy.com UNIT =11 3. What kinds of protections are provided to Investors ‘under SEBI Aet, 19927 “4 4. Discuss the objects and salient features of the securitisation and reconstruction of financial assests and enforcement of Security interest Act, 2002. 14 unir=m 5. Discuss the powers of Central Government to impose quantitative restrictions, hitps:/www.mdustedy com 14 6. Examine the powers of Central Government to make order and announce Foreign Trade policy under Foreign Trade (Development and Regulation) Act, 1992, 14 unir-1v 7, What are the powers and constitution of authorities under the foreign Exchange Management Act, 1999 ? 4 8, Discuss the regulation and management of Foreign Exchange. by 4 soar. aziso(P-syOyen) (2) Inups:newwemdustudy.com ‘hups:?/www.mdustudy.com unir-v 8 Write shortnoteson thefolowing: «xB =24 (a) Competition advocacy (b) Abuse of dominant position (©) Enforcement of Security Interest (a) Registration erica (6) Importer-Exporter Code Nomber % (carat 5 £ authorised Penon : (9) Composition of Appelate Tribunal under FEMA, 8 scsracicorsvogias) (3) psn mdustdy com

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