Tuesday, October 14, 2008

Links on Competition Law

(The following post contributed by R.V. Anuradha points to some recent information and materials pertaining to competition law)

1. What will the Competition Commission of India (CCI) look like? LiveMint considers some of the names of people being considered for membership of the CCI.

2. Other interesting developments in the recent past are a US Department of Justice (DOJ) paper on Unilateral Conduct that seems to have caused quite a bit of furore in the US, with the Federal Trade Commission (FTC) openly disagreeing with the DOJ approach. Following are 2 interesting links on this issue:

(i) FTC Commissioners React to Department of Justice Report, "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act" - http://www.ftc.gov/opa/2008/09/section2.shtm

(ii) US DOJ Report "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act" - http://www.usdoj.gov/atr/public/reports/236681.pdf
India's approach under section 4 read with section 19(4) of the Competition Act on “abuse of dominance” veers more towards the European Commission (EC) approach. Article 82 of the EC Treaty deals with abuse of dominance, and the elements identified under section 4(2) of India's Act are very similar to Article 82's categories. The EC had issued a discussion paper on Article 82 sometime back.

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