India’s pursuit of globalization has resulted in removal of controls and liberalization of the economy. A key step in India’s march towards facing competition – both from within the country and from international players – is the inception of a competition law regime. The Competition Act, 2002 is the extant law unifying the different legal regimes dealing with Branch of Economic law to regulate the conduct of enterprises/market participants and ensure that producer of goods and services compete fairly with each other. The Competition Act, 2002 was enacted by the Parliament of India, which replaced The Monopolies and Restrictive Trade Practices Act, 1969. It is in effect to govern Indian competition law. As a general rule, competition laws are premised upon the economic principle that competition is desirable in a free market. Competition laws seek to prevent businesses from engaging in practices that are harmful to competition and consumer welfare. This ideology is, in some ways, distinct from the ideology promulgated by the erstwhile legislation dealing with restrictive trade practices in India – the Monopolies and Restrictive Trade Practices (“MRTP”) Act. The MRTP Act primarily focused on curbing monopolies in the market. However, with the advent of competition laws in India, the focus has now shifted from curbing monopolies, strict senso, to promoting competition.
Competition laws are introduced to regulate the manner in which businesses are conducted in India, so as to create a level playing field with effective competition in the market. The underlying intent for this statute is for businesses to compete on merit, and not with the aid of anti-competitive agreements and/or conduct. Having said that, however, it may be noted that even though competition laws can be used by businesses as a sword to ensure ‘level playing field’ in the market, the intent of this relatively new statute in the Indian legal system is not to make it easier for the weaker businesses to survive in the market, or require the more profitable businesses to give up their market share.
After its enactment The Competition Act, 2002 has been amended twice, The Competition (Amendment) Act, 2007 and The Competition (Amendment) Act, 2009. Two of the main features of the Competition Act, 2002 is the framework it provides for the establishment of the Competition Commission, and the tools it provides to prevent anti-competitive practices and to promote positive competition in the Indian market.
DATE OF ESTABLISHMENT: 24th February, 2020
CENTRE DIRECTOR: Mr. Ankit Srivastava (Assistant Professor), DNLU Jabalpur
The intent of formation of this Centre is to pursue and encourage innovative scholarship and research in Competition Law, both on a national and international level.
The Centre wants to be associated with the administrative interested parties and provide the students, faculties, academicians and research professionals with an avenue to work on the areas surrounding Competition Law to ensure that they are well versed and associated with the modalities of this dynamic field.
Furthermore, in future the Centre would also like to continue its functioning and update the interested community with annual conferences, paper presentations, blog, journal and discussions on current updates in the law as well would undertake various subject specific designed Courses to disseminate knowledge and conceptual clarity in this area.
AIMS OF THE CENTRE
The aims of the Centre are to:
- Contribute to national and international debates through engaging in dynamic and internationally relevant research.
- Collaborate with the Competition Commission of India and other government organizations, higher educational institutions, individuals and academicians at other higher educational institutions and professional member organizations in broadening the scope of academic endeavor, and to transfer knowledge beyond the academic sector.
- The Centre would also collaborate with Law Firms to disseminate knowledge and analyze the practical challenges posed by the law to the students and researchers.
- Participate in debates on law reform and policy development at both national and international levels.
- Organize Conferences, Seminars, Workshops, Moot Courts and Colloquia at various levels, and to promote collaborative engagement in large-scale and long-term research projects.
- Act as a supportive and collaborative forum for research, and encourage and foster the participation of early career researchers and postgraduate students.
- The Centre also aims to collaborate and enter into partnership with other functional Centers of Dharmshahtra National Law University, Jabalpur to achieve common goals and interfacial studies in the area.
NEED FOR THE CENTRE
The Centre aims to focus only on the areas of Competition law both nationally and internationally, which will provide the students, academicians, research and other professionals with a more in- depth and holistic understanding of the subject and help them to pursue their interest in the subject. The wide activities intended to be undertaken by the Centre will ensure that the key stakeholders are given enough opportunities to learn.
For Students– the holistic understanding of the subject is of paramount importance for securing placements with Firms and Corporations and to work as Competition law experts in future. It is also significant for pursuing further studies in the area of Business Laws and Law and Economics. Hence the Centre would encourage the students for the same.
For Academicians/Faculties– the Centre would strive to equip them with deeper knowledge in the emerging area and would provide opportunities for research and policy discussions in the related areas.
For Research and other Professionals– the Centre would endeavor to provide them with opportunities for research, research writing, policy analysis and other interfacial and analytical discussions.
ACHIEVEMENTS OF THE CENTRE
- The Competition Commission of India empaneled Dharmashastra National Law University Jabalpur into a panel of reputed institutions, having expertise in law, economics, finance or management for Competitive Assessment of Economic Bills and Legislations. (23rd Jan, 2020)
- Lecture on ‘Basics of Competition Law in India’ in collaboration with the Advocacy Wing of Competition Commission of India on 21st March 2020. (Waiting for Official Confirmation from CCI)