Promoting Competition Culture in India:School of Competition Law & Market Regulation

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What does the School do?

• At the cusp of law, economics and business management.

• Capacity building• Approach: “IICA way of learning”

• Long-term courses

• Short-term courses

• Competition Advocacy

• Research/ Support to Government

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Capacity Building: Specific Needs

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• Understanding the Motivations:1) CCI: to enforce the law

2) Government: to design pro-competition policy + to stay compliant

3) Regulatory Authorities: regulatory harmony

4) PSUs: to devise competition compliant business strategy

5) Private Sector: to devise competition compliant business strategy

6) Law Firms, Economic Advisory Firms: to advise clients

7) Students: to pursue to career in competition law/ corporate law sphere

Capacity Building: Long-term Course Design

• Courses:• 3-month Certificate Course in Competition Law (4 batches so far)• 3-month Certificate Course in Competition Economics (first batch to commence)• 6-month Advanced Professional Course in Competition Law and Market Regulation

(two batches so far)

• Audience: Government, PSU, private sector

• à la carte: choose what you wish to study

• Course delivery: Hybrid (mix of online and in-person, with a dominance of online component)• Online – live, interactive, every Saturday – 2/3 hours• In-person: 2 days at the beginning – 3 days at the end of 3rd month – 3 days at the

end of sixth month

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Capacity Building: Who attends our long-term courses

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Capacity Building: Who attends our long-term courses

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Modules of Study - 1

• Module 1: New Paradigm of Regulation and Competition• Unit 1: Macro Context of Market Regulation • Unit 2: Evolution of Independent Regulators in India • Unit 3: Evolution of Competition Law & Policy in India

• Module 2: Legal & Economic Foundations• Unit 1: Fundamentals of Law • Unit 2: Corporate Laws in India • Unit 3: Fundamentals of Economics

• Module 3: Competition Law in India• Unit 1: Substantive Competition Law • Unit 2: Investigation and Procedural Techniques • Unit 3: Voluntary Self Compliance and Leniency Provisions

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Modules of Study - 2

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• Module 4: Anti-competitive Agreements, Abuse of Dominance and Regulation of Combinations in Select Jurisdictions• Unit 1: Regulation of Anticompetitive Agreements in Select Jurisdictions • Unit 2: Regulation of Abuse of Dominance in Select Jurisdictions• Unit 3: Regulation of Combinations in Select Jurisdictions

• Module 5: Anticompetitive Agreements, Abuse of Dominance and Regulation of Combinations in Regulated Sectors• Unit 1: Anticompetitive Agreements in Regulated Sectors • Unit 2: Abuse of Dominance in Regulated Sectors • Unit 3: Regulation of Combinations in Regulated Sectors

• Module 6: Economics for Anti-competitive Agreements, Abuse of Dominance and Regulation of Combinations• Unit 1: Economics for Understanding Anticompetitive Agreements • Unit 2: Economics for Understanding Abuse of Dominance • Unit 3: Economics for Understanding Regulation of Combinations

Modules of Study - 3

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• Module 7: Intellectual Property Laws and Competition Law• Unit 1: Anticompetitive Agreements: IPRs and Competition Law

• Unit 2: Abuse of Dominance through IPRs (including IP issues in M&A)

• Unit 3: International Best Practices addressing IP: Competition Law Conflicts

• Module 8: Public Sector and Competition Law• Unit 1: Anticompetitive Agreements and PSEs

• Unit 2: Abuse of Dominance and PSEs

• Unit 3: Regulation of Combinations and PSEs

Modules have been revised from time to time to reflect latest cases, statutory/ regulatory amendments, etc

Competition Law: Policy Support

• Committee on drafting India’s National Competition Policy and suggesting amendments to Competition Act 2002 (2011 – 2013)• Mandate: to (a) draft National Competition Policy and (b) suggest amendments in

Competition Act 2002• 13 Sector Studies• Impact: Policy changes

• Committee on Reforming Regulatory Environment for Doing Business in India (2012-2014)• Mandate: Make recommendations for reforming the regulatory environment for

doing business in India• Impact: Recommendations were fully considered by MCA, PMO, FinMin etc for

promoting EODB

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Competition Law: Recent Initiatives

• CCI Research Chair on Competition Law• Sectors studies

• Competition law concerns in sectors involving public welfare e.g. agriculture, health services & pharmaceuticals, education, etc.

• Merger control in intellectual property centric sectors such as pharma, high-tech, seeds, agro-chemicals, etc.

• Big-data and competition law violation • Competition law concerns in high-tech sector: Algorithmdriven anti-competitive conducts;

online markets.• Policy papers• Support in Competition Advocacy

• Biennial competition awareness index to measure awareness amongst stakeholders• Conduct of advocacy activities as per mutually agreed annual advocacy plan

• Capacity building• Induction and refresher training of officers of CCI

11Status: Advertisement has already been brought out.

Competition Law: Recent InitiativesRoadshows on Competition Law

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Status: Three Roadshows in Mumbai (Oct 18), Delhi (Nov 18) and Ahmedabad (Dec 18) have been conducted

Competition Law: Recent InitiativesRoadshows on Competition Law

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Status: Three Roadshows in Mumbai (Oct 18), Delhi (Nov 18) and Ahmedabad (Dec 18) have been conducted

Competition Law: Recent InitiativesRoadshows on Competition Law

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Status: Three Roadshows in Mumbai (Oct 18), Delhi (Nov 18) and Ahmedabad (Dec 18) have been conducted

• A series of short articles on competition law

• Written in simple language without excessive use of technical jargon

• Based on orders/ judgments of CCI/ NCLAT/ High Courts/ SC

• Published on IICA’s social media channels – LinkedIn, Twitter etc and website

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Status: Launched in Dec 2018, two articles published so far.

Competition Law: Recent InitiativesDemystifying Competition

Competition Law: Recent Initiatives2nd Executive Management Workshop for Regulators – Forum of Indian Regulators

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Status: 1st programme was done in Sept 2017. This has been instituted as an annual programme.

Assistance to Government: Recent InitiativesNational CSR Awards

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• Instituted by Ministry of Corporate Affairs to recognize excellence in CSR by corporates

• Three categories, 20 awards, 20 honorourable mentions

• Rigorous four-stage selection process: shortlisting of nominations,detailed submissions, field verifications and final selection by Jury

• IICA providing complete technical and logistics support

• Expected to be announce by early March 2019

• Functioning as Secretariat of Forum of Indian Regulators (FOIR)

• Core Course on Infrastructure Regulation for South Asian Forum of Infrastructure Regulators (SAFIR)

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Competition Law: Initiatives in pipeline

Financial Performance of School(Rs. Lakhs)

FY 2012-

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FY 2013-

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FY 2014-

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FY 2015-

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FY 2016-

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FY 2017-

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FY 2018-

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Inflow 1.25 26.63 21.20 21.63 60.35 150.62 371

Outflow 2.96 10.19 15.85 17.16 47.93 121.86 292

Surplus/ Deficit

-1.71 +16.44 +5.35 +4.47 +12.42 +28.76 +79

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(Includes details of Short Term and Long Term Courses and other projects undertaken by School)

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Discussion