ABOUT THE COURSE: Transnational Competition Law course provides comprehensive study of the need and importance of extra-territorial application of competition law. It gives an elaborative understanding of the evolution and transnational application of competition law by way of bilateral as well multilateral cooperation among competition authorities. It also helps in having a wholesome idea about international cooperation taking place within various international organizations, as well as networks based on binding international agreements and various informal networks. It also provides an in-depth knowledge of various soft as well as binding international treaties. The competition cooperation authorities among national jurisdictions are also taken care within transnational competition networks. The course is designed for lucid understanding of extra-territorial application and transnational cooperation within the mandate of Section 32 of Competition Act, 2002. It also helps in understanding of the bilateral as well as multilateral cooperation initiatives undertaken by the Competition Commission of India and their working mechanism in achieving international trade. This course will be helpful for the researchers, academicians and students to have advanced knowledge in the fields of intellectual property rights, competition law, international trade law and global corporate governance.INTENDED AUDIENCE: Officials working in government departments, regulatory authorities & public sector undertakingsProfessionals practicing lawyers and in-house counsels, economists, chartered accountants, company secretaries, Management personnel.Academicians studying in the field of intellectual property, competition law and corporate law practice and advocacy Students studying law, business, economics, chartered accountants, company secretaries, Cost and Works Accountant, Chartered Financial AnalystStudents/professionals interested in pursuing a career in competition law internship and court workCorporate executives and entrepreneurs to keep their business compliant with national and transnational competition lawsLaw firms, advocates, anti-trust consultancies, draftsmen of competition conveyancing and pleadingsPREREQUISITES: UG & PGINDUSTRY SUPPORT: Law Firms, Corporate Firms, Company Law Board, Competition Commission of India, Tribunals & Court Personnel
Overview
Syllabus
Week 1: Theories of Transnational Application of Competition Law
1. Theories and Principles of Transnational Application of Competition Law
2. Unilateral Jurisdiction Principle and Transnational Application of Competition Law
3. Transnational Application of Competition Law in United States of America
4. Theories and Doctrine of Transnational Application of Competition Law in United States of America
5. Transnational Application of Competition Law in European Community
Week 2:Approaches To Transnational Application of Competition Law in European Union:
6. Doctrines for Transnational Application of Competition Law in European Union
7. Doctrinal Approaches & Variations in Transnational Application of Competition Law in European Union
8. Impact Of Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
9. European Court of Justice Response to Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
10. Global Experiences of Perspective Transnational Competition Law Enforcement
Week 3:Global Experiences of Transnational Application of Competition Law:
11. Transnational Competition Law Experiences in Global Perspective
12. Transnational Competition Law Experiences in Developing Countries
13. Enforcement of Transnational Application of Competition Law in South American Countries
14. Compliance & Cooperation for Transnational Application of Competition Law in Global Context
15. Conflict & Cooperation Issues in Enforcement of Transnational Application of Competition Law
Week 4:Enforcement of Transnational Application of Competition Law:
16. Hurdles & Hiccups in Enforcement of Transnational Application of Competition Law
17. Notion & Concept of Embracement of Transnational Application of Competition Law
18. Global Case Study of the Embracement of Transnational Application of Competition Law
19. Embracement of Transnational Application under OECD Competition Law and Policy
20. Trends & Tendencies of Embracement of Transnational Application of Competition Law
Week 5:Embracement of Transnational Application of Competition Law in Comparative Perspective:
21. Embracement of Transnational Application of Competition Law in Developing Countries
22. Embracement of Transnational Application of Soft Form.
23. Comparative Laws & Model Law Templates on Embracement of Transnational Application of Competition Laws
24. Comparative Laws Perspective on Embracement of Transnational Application of Competition Law
25. Model Competition Laws Perspective on Embracement of Transnational Application of Competition Law
Week 6:Competition Remedies for Transnational Application of Competition Law:
26. Nature & Kinds of Competition Remedies for Transnational Application of Competition Law
27. Enforcement of Competition Remedies for Transnational Application of Competition Law
28. Strategy for Competition Remedies for Transnational Application of Competition Law
29. Nature of Behavioral & Structural Competition Remedies in Israel
30. Challenges to Competition Remedies in Consumer Markets Competition Authorities
Week 7:Transnational Application of Competition Remedies in European Union:
31. Transnational Application of Competition Remedies in European Union
32. Competition Remedies under Article 7(1) European Commission Regulation, 2003 & European Commission Notice on Remedies, 2004 in European Union
33. Competition Remedies under European Commission Regulation, 2003 in European Union
34. Modernization & Decentralization Reform of Transnational Application of Competition Remedies in European Union
35. Transnational Implication for Competition Law in Israel
Week 8:Enforcement of Transnational Application of Competition Remedies in Israel:
36. Enforcement of Transnational Application of Competition Remedies in Israel
37. Transnational Application of Competition Remedies in Israel
38. Nature & Extent of Competition Remedies in Israel
39. Ambit & Scope of Competition Remedies in Israel
40. Competition Law & Policies in BRICS Countries
Week 9:Transnational Application of Competition Remedies in in BRICS Countries:
41. Competition Structure & Enforcement in BRICS Countries
42. Constitutional Dimensions of Competition Law in Brazil
43. Classical & Neo-Classical Competition Law in Brazil
44. Modern Competition Law in Brazil
45. Adjudication of Competition Dispute Law in Brazil
Week 10:Transnational Application of Competition Remedies in Brazil & Russian Federation:
46. Power & Function of Brazil’s Competition Authorities
47. Role of CADE & Brazilian Court in Competition Enforcement
48. Competition Remedies under EU Commission Notice, 2008
49. Transnational Implication of Competition Law in Russian Federation
50. Enforcement of Transnational Competition Law in Russian
Week 11:Transnational Application of Competition Law in India & China:
51. Transnational Application of Competition Law under Indian Competition Act,2002
52. Procedure for Transnational Application under Indian Competition Act
53. Enforcement & Execution Transnational Competition Law in India
54. Procedure & Process for Execution Transnational Competition Law in India
55. Anti-Monopoly Law in China
Week 12:Transnational Application of Competition Law in China & South Africa:
56. Anti-Monopoly Law Enforcement & Administration in China
57. Competition Law & Policy Reform in China
58. Competition Laws & Policies in SA
59. Modern Competition Law in SA
60. Role & Challenges of Competition Law Authorities in South Africa
1. Theories and Principles of Transnational Application of Competition Law
2. Unilateral Jurisdiction Principle and Transnational Application of Competition Law
3. Transnational Application of Competition Law in United States of America
4. Theories and Doctrine of Transnational Application of Competition Law in United States of America
5. Transnational Application of Competition Law in European Community
Week 2:Approaches To Transnational Application of Competition Law in European Union:
6. Doctrines for Transnational Application of Competition Law in European Union
7. Doctrinal Approaches & Variations in Transnational Application of Competition Law in European Union
8. Impact Of Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
9. European Court of Justice Response to Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
10. Global Experiences of Perspective Transnational Competition Law Enforcement
Week 3:Global Experiences of Transnational Application of Competition Law:
11. Transnational Competition Law Experiences in Global Perspective
12. Transnational Competition Law Experiences in Developing Countries
13. Enforcement of Transnational Application of Competition Law in South American Countries
14. Compliance & Cooperation for Transnational Application of Competition Law in Global Context
15. Conflict & Cooperation Issues in Enforcement of Transnational Application of Competition Law
Week 4:Enforcement of Transnational Application of Competition Law:
16. Hurdles & Hiccups in Enforcement of Transnational Application of Competition Law
17. Notion & Concept of Embracement of Transnational Application of Competition Law
18. Global Case Study of the Embracement of Transnational Application of Competition Law
19. Embracement of Transnational Application under OECD Competition Law and Policy
20. Trends & Tendencies of Embracement of Transnational Application of Competition Law
Week 5:Embracement of Transnational Application of Competition Law in Comparative Perspective:
21. Embracement of Transnational Application of Competition Law in Developing Countries
22. Embracement of Transnational Application of Soft Form.
23. Comparative Laws & Model Law Templates on Embracement of Transnational Application of Competition Laws
24. Comparative Laws Perspective on Embracement of Transnational Application of Competition Law
25. Model Competition Laws Perspective on Embracement of Transnational Application of Competition Law
Week 6:Competition Remedies for Transnational Application of Competition Law:
26. Nature & Kinds of Competition Remedies for Transnational Application of Competition Law
27. Enforcement of Competition Remedies for Transnational Application of Competition Law
28. Strategy for Competition Remedies for Transnational Application of Competition Law
29. Nature of Behavioral & Structural Competition Remedies in Israel
30. Challenges to Competition Remedies in Consumer Markets Competition Authorities
Week 7:Transnational Application of Competition Remedies in European Union:
31. Transnational Application of Competition Remedies in European Union
32. Competition Remedies under Article 7(1) European Commission Regulation, 2003 & European Commission Notice on Remedies, 2004 in European Union
33. Competition Remedies under European Commission Regulation, 2003 in European Union
34. Modernization & Decentralization Reform of Transnational Application of Competition Remedies in European Union
35. Transnational Implication for Competition Law in Israel
Week 8:Enforcement of Transnational Application of Competition Remedies in Israel:
36. Enforcement of Transnational Application of Competition Remedies in Israel
37. Transnational Application of Competition Remedies in Israel
38. Nature & Extent of Competition Remedies in Israel
39. Ambit & Scope of Competition Remedies in Israel
40. Competition Law & Policies in BRICS Countries
Week 9:Transnational Application of Competition Remedies in in BRICS Countries:
41. Competition Structure & Enforcement in BRICS Countries
42. Constitutional Dimensions of Competition Law in Brazil
43. Classical & Neo-Classical Competition Law in Brazil
44. Modern Competition Law in Brazil
45. Adjudication of Competition Dispute Law in Brazil
Week 10:Transnational Application of Competition Remedies in Brazil & Russian Federation:
46. Power & Function of Brazil’s Competition Authorities
47. Role of CADE & Brazilian Court in Competition Enforcement
48. Competition Remedies under EU Commission Notice, 2008
49. Transnational Implication of Competition Law in Russian Federation
50. Enforcement of Transnational Competition Law in Russian
Week 11:Transnational Application of Competition Law in India & China:
51. Transnational Application of Competition Law under Indian Competition Act,2002
52. Procedure for Transnational Application under Indian Competition Act
53. Enforcement & Execution Transnational Competition Law in India
54. Procedure & Process for Execution Transnational Competition Law in India
55. Anti-Monopoly Law in China
Week 12:Transnational Application of Competition Law in China & South Africa:
56. Anti-Monopoly Law Enforcement & Administration in China
57. Competition Law & Policy Reform in China
58. Competition Laws & Policies in SA
59. Modern Competition Law in SA
60. Role & Challenges of Competition Law Authorities in South Africa
Taught by
Prof. Md. Zafar Mahfooz Nomani
