Certificate Course in Competition Law

Ministry of Corporate Affairs, Govt. of India
Certificate Course in Competition Law
May — July 2015
School of Competition Law & Market Regulation
W: www.iica.in | E: cccl@iica.in | T: +91—124—2640016 | F: +91—124—2290167
1
“Competition law
knowledge
& skill is an essential
tool to conduct business in today's hyper
competitive world.”
Dhanendra Kumar,
Former Chairman CCI,
Principal Advisor,
IICA.
About the Course
The School of Competition Law and Market Regulation at IICA is pleased to announce admission in the second batch of Certificate Course in Competition Law.
The first batch of the Course, having 42 participants from the Government, public &
private sectors, law firms, practicing advocates, universities and colleges, was successfully conducted during October through December 2014. Because of the vibrant
peer-group the course proved to be very fruitful and fulfilling. The programme was
case centric, rigorous and received positive feedback from the participants.
The vigorous enforcement of Competition Act 2002, along with broader market liberalisation in Indian economy has necessitated building competition law competencies
amongst stakeholders. Therefore, the new enforcement regime coupled with the dynamic jurisprudence evolved cutting across varied sectors, has generated unprecedented interest amongst stakeholders at various levels including policy makers, regulators, lawyers, economists, business executives, and students.
“
IICA
Offers 360
degree
perspective of law economics - business
strategy.”
Bhaskar Chatterjee
Director General & CEO,
IICA
Inside
About the course:
2
The wide ambit of the Act & the impactful orders of the commission in sectors such
as cement, real estate, petroleum, pharma, entertainment, etc has not only raised competition compliance issues amongst business enterprises but also the need to embed
‘competition culture’ within the Indian Economy. Recognising the need of building
capacity, IICA School of Competition Law and Market Regulation is pleased to announce a three-month Certificate Course in Competition Law which is a first of its
kind course in India.
For Whom?:
3
Course delivery:
4
The Course has been uniquely designed and developed after extensive consultations
with industry experts, and is tailor-made to serve the requirements of select group of
stakeholders. The case study method of teaching along with interactions with senior
experts will help the participants in gaining applied knowledge & skills in this area.
Evaluation Process:
Course Coverage:
5-9
Resource Persons:
10
Admission Details:
11-12
About the School:
13
14-15
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Key Benefits
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Understand fundamentals
of competition law and
economics
Formulate business strategies in compliance with
competition law
Explore policy implications and interface between
competition law and other
laws
Learn in hybrid mode: inperson and online/ virtual
classes
Access online classes from
anywhere: all you need is
your laptop and internet
connection
Top quality study material
written by people who matter in the field of competition law
Tailor-made study material for working professionals
Case-based learning for
understanding practical implications
Taught by experts in competition law
Discover new career avenues
Figure out implications for
your business
FOR WHOM?
The course is primarily targeted at candidates interested in acquiring professional knowledge and
practical skills in the area of competition law. The profile of these participants is expected to be
but not limited to the following:
Professionals
Lawyers, In-house Counsels, Economists,
CA, CS, CWA.
Industry
Public & Private Enterprises
Government Officials
Officials working in Government Departments and Regulatory Authorities
Students
Undergraduate & Postgraduate students
in Law, Economics
& Business Management
3
AND HOW? - The Delivery Mechanism
The unique delivery mechanism comprising online and in- person interactions offers rigorous
training sessions along with ease of learning.
The Live online interactive lectures would provide a classroom experience in a virtual environment.
The user friendly and easy to use technology interface through LMS platform would ensure
access to uninterrupted lectures and course study material prepared by eminent experts in the
field.
Have access to live as well as recorded lectures
Study material prepared by industry
experts
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THE COURSE COVERAGE
Unit One
Macro Context of
Market Regulation
Module 1—New Paradigm of Regulation and Competition.
Module One presents a detailed overview of new paradigm of regulation and competition in India. Segregated into three units, the module
guides the readers through the evolution of policies and laws and
Unit Two:
Evolution of
their impact on market structure and market conduct across India.
In-
dependent Regulators in
India
The module further provides insights into the working of the various
independent Regulatory Authorities such as SEBI, CERC, TRAI,
RBI within the Indian economic and regulatory system as well as the
various Regulatory Acts enacted and implemented by these regula-
Unit Three
tors. Further, the module delves into the evolution of competition law
& policy in India, which was necessitated in light of post-
Evolution of
liberalization market reforms impacting market structure and conduct
Competition Law
of the players. The module presents a comprehensive macro-
and Policy in India
overview of the regulatory reforms and builds foundation for subsequent modules.
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Module 2—Legal and Economics Foundations
Unit One
The module throws light on the foundational aspects of law as well
as economics, which will help the participants from different backgrounds in understanding and appreciating the contours of competi-
Fundamentals of
Law
tion law in a comprehensive manner. The module lays the foundation for subsequent module on competition law in India.
Unit Two
While the competition law is a subset of the concept ‘law’,
Corporate Laws in
competition law is unique in the sense that it involves key concepts
India
of ‘economics’ like market, demand, substitutability etc. Hence
understanding of this interface is indispensable.
Further the module highlights the interface of competition law with
Unit Three
other laws such as the constitutional law, law of contracts and other
Fundamentals of
corporate laws. The module will build robust foundations to appreci-
Economics
ate how competition law is informed by other laws.
6
Module 3
Unit One
Competition Law in India
The module comprehensively covers the substantive and procedural law. Apart from dealing with the main provisions i.e. Section 3 (Anticompetitive Agreements), Section 4 ( Abuse of Dominant Position), and Section 5 & 6 (Regulation of Combinations)
the module will also discuss the important jurisprudence that has
evolved in few years of competition law enforcement in the
country. Driven by case studies, the module will expose the participants to finer appreciation of the competition concepts as re-
Substantive Competition Law
Unit Two
Investigation and
Procedural techniques in Competition Law
flected through the jurisprudence so far.
Unit Three
The module will impart practice-oriented knowledge and skills
pertaining investigations procedures and techniques to take part
either as an in-house or external counsel. For the benefits of enti-
Creating voluntary
self compliance
ties which need to comply with the law, the module offers deep
understanding and application of how to set up an effective compliance mechanism.
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MODULE DELIVERY
The Course will be conducted through live virtual classes as well as in-
Ease of virtual
learning
through seamless technology
person classes.
Schedule and Location of in-person Classes: Total five days of rigorous
in-person interactions are scheduled for the participants. Two days in the
month of May 2015 and three days in the month of July 2015 are scheduled for in-person interactions. The in-person interaction will be held at a
Experience
rigour with
centrally located place in New Delhi. (Other locations may be considered
depending upon number of participants).
Timings for Virtual Classes: Virtual classes can be attended from anywhere with a help of a computer, laptop, phone and internet connection.
ease of
learning from
These are likely to be scheduled Saturdays for the convenience of all participants.
A tentative class schedule for the Certificate Course in Com-
anywhere &
everywhere
petition Law 2015 is give below:
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In-Person Classes: May
Virtual Classes: May-June-July
DATE & DAY
TIME
MODULE/UNIT
28th May, 2015
Thursday
Session 1: 9.30 AM –
10.30 AM
Module 1
New Paradigm of Regulation and Competition
29st May, 2015
Friday
Session 2: 11.30 AM –
01.30 PM
Session 3: 2.00 PM to 4.00
PM
Session 4: 4.00 PM – 6.00
PM
Session 1: 9.30 AM –
11.30 AM
Session 2: 11.30AM – 1.30
PM
Session 3: 2.00 PM to 4.00
PM
Session 4:
4.00 – 6.00 PM
Module 2:
Legal and Economics Foundations
Module 3:
Competition law in India
In-Person Classes: July
29th July, 2015
Wednesday
30th July, 2015
Thursday
31st July 2015
Friday
Session 9: 9.30 AM –
11.30 AM
Session 10: 11.30AM –
1.30 PM
Session 11: 2.00 PM to
4.00 PM
Session 12:
4.00 – 6.00 PM
Session 13: 9.30 AM –
11.30 AM
Session 14: 11.30AM –
1.30 PM
Session 15: 2.00 PM to
4.00 PM
Session 16:
4.00 – 6.00 PM
Session 17:
9.30 – 11.30 AM
Session 18:
11.30 AM – 1.30 PM
2.30 - 4.30 PM
Case Studies and Interactive Sessions
Case Studies and Interactive Sessions
Case Studies and Interactive Sessions
Examination
TEACHING METHOD
DATE & DAY
TIME
Learning Management System
2 May, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
9 May, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
16 May, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
23 May, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
6 June, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
13 June, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
20 June, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
27 June, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
4 July, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
11 July, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
18 July, 2015
Saturday
10.00 AM to 12.00 NOON
Learning Management System
25 July, 2015
Saturday
10.00 AM to 12.00 NOON
9
Mr. Dhanendra
Mr.Rahul
Kumar, Principal Sarin, Member,
Advisor, IICA
COMPAT
Mr.PK. Purwar,
Director MTNL
Mr.Sandeep
Verma, Director, Ministry
of Defence
Mr. Amitabh
Kumar,
Partner, JSA
Mr.Karan
Singh Head,
Chandhiok,
Chandhiok &
Associates
Dr. Niraj GupDr Garima
ta, Associate
Dadhich, AsProfessor,
sistant ProfesSchool of Cor- sor, School of
porate GovernCorporate
ance, IICA
Governance,
IICA
Dr.Geeta
Gouri, Former
Member, CCI
Mr. R. Prasad,
Former
Member, CCI
Mr. PN.
Prashar,
Former
Member, CCI
Justice S.N
Dhingra,
Former
Member, CCI
Mr. Rajsekhar
Reddy,
Director General, CCI
Dr. Seema
Gaur,
Advisor, CCI
Mr. Manas
Chaudhary,
Partner,
Khaitan Co.
Mr.G.R.Bhatia,
Partner,
Luthra &
Luthra Law
offices
Mr.Samir
Gandhi,
Partner, AZB
Partners
Mr. Suhail
Nathani,
Partner, ELP
Partners.
Mr. KK Sharma,
Partner
KK Sharma
Law offices
Ms.Shweta
Shroff,
Partner,
Amarchand
Mangaldas
Mr.Devdas
Mr.Deepak
Mr.Rahul
Dr. Geeta
Baliga,
Maheshwari,
Goel,
Singh, Partner
In-house
Head of gov- Partner, Dhir &
Genesis
counsel Coco- ernment affairs Dhir associates
Analytics
Cola India
Symantec
Dr. Ram
Tamara,
Director,
Nathan Economic
Dr .Payal Malik,
Advisor, CCI
Sh.PK. Singh,
Advisor, CCI
Mr.MM Shar- Ms. Nisha Kaur
ma,
Partner,
Uberoi,
Vaish Law AsPartner,
sociates
Amarchand
Mangaldas
Dr. Harpreet
Dr. Asish K
Dr. Vijay
Kaur,
Bhattacharyya,
Kumar Singh,
Professor,
Head of School of Associate ProNational Law Corporate Govfessor
University,
ernance, IICA
(Designate),
Delhi
School of Corporate Law,
IICA
Dr. Ravikant
Ms. Rashmi
Ms. Tanvi
Ms. Riti Tyagi,
Dr. Pyla Nara- Dr. Navneet
Sharma, Head Bhardwaj, AsRai, Senior
Sharma, ConConsultant,
yana Rao ,
School of
sistant ProfesConsultant,
sultant,
School of
Assistant ProCompetition
sor, School of
School of
School of
Competition
fessor, School
Competition
Competition Law & Market
of Corporate Law & Market Competition
Regulation,
Law & Market Law & Market Law & Market
Regulation,
Law, IICA
IICA , Course
Regulation,
Regulation,
Regulation,
IICA, Course
Director
IICA
IICA
IICA
Coordinator
10
KEY DATES
ADMISSION DETAILS
Registration: Interested individuals and sponsors can register through filling in the regis-
Registration opens:
9th February 2015
tration details in the form and pay the fee through Cheque/Demand Draft/NEFT/RTGS. De-
Early-bird Discount:
proposed that par-
tailed information about the course and registration form are available at http://iica.in/
It is
All_Individual_Archives/school_of_competition_law.aspx
ticipants who apply by
Online Registration: Interested candidates can enroll at http://iica.in/NewRegistration.aspx
25th March, 2015 may
and pay the fee online.
be offered an early bird
Total Fee: Rs. 36,480/-
discount of 10% per
KEY DETAILS
Payment of fee: The admission is conditional upon payment of fee and the amount once
candidate, of the course
received is non-refundable. The payment of fee can be made through:- Cheque or Demand
fee.
Course Fee: Rs. 30000/Exam Fee: Rs 2,000/Taxes: Rs 4,480/-
Draft, NEFT or RTGS.
Last Date for Registration:
10th April 2015
CHEQUE/ DEMAND DRAFT: The course fee can be paid by sending a cheque/demand
draft in favour of “Indian Institute of Corporate Affairs”.
Total Fee: Rs 36,480/- (Or Ru- NEFT: The course fee can also be paid through NEFT/RTGS. Following are the details for
pees Thirty Six Thousand Four
Hundred and Eighty only)
S.NO PARTICULARS
DETAILS
Payment of fee in Installments
For individual candidates, who
wish to opt for payment of fee
in installments can do so in two
equal installments of Rs 18,240
(Rupees Eighteen Thousand
Two Hundred and Forty only)
1.
Name and address of the Beneficiary.
Indian Institute of Corporate Affairs
2.
Account Number of Beneficiary
604810210000007
3.
The 09 Digit MICR code of the
Branch (as appearing on the MICR
cheque)
110013052
4.
IFSC Code of the Bank Branch
BKID 0006048
5.
Email ID of Beneficiary
accounts@iica.in
6.
Contact Number
+91 124-2640030
Group Discount: It is
proposed that participants
applying
in
groups of 4 or more
may be offered a group
discount of 10% per
group, of the course
fee. This discount extends till the last date of
application.
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Join the second
batch and be a part
of Competition
Alumni, which
comes with many
benefits.

CHEQUE/ DEMAND DRAFT: The course fee can be also paid by sending a cheque/ demand
draft in favour of “Indian Institute of Corporate Affairs” payable at Manesar, Haryana. The
filled in registration form must be enclosed with the demand draft and the same are to be sent
to:
Riti Tyagi (Course Coordinator)
School of Competition Law & Market Regulation
Indian Institute of Corporate Affairs (IICA)
Benefits of being an
Alumni are:
Plot 6,7,8, Sector 5, IMT Manesar,
Earn credits duly
recognized in advance courses to be
offered by school.
Tel: 0124 –2640016/2640030, Fax 0124 2290167
Gurgaon-122052 Haryana.
Email: cccl@iica.in
Facility of Payment in Instalments: Payment of course fee in instalments will be considered for
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

Access to library resources.
students and non-sponsored candidates only. The eligible course participants shall pay two equal
Stay Connected with
antitrust experts.
instalment shall be charged in the seventh week of the Course. Requirement for post-dated
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instalments wherein the first instalments shall be charged at the time of admission and the second
cheque for the second installment will be mandatory.
**The course fee includes course modules, virtual classes, LMS charges, five-day in-person
contact classes, examination fee and applicable taxes .
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Certificate of
Participation: The
EVALUATION PROCESS
Evaluation for the Certification Course shall consist of internal quiz, assignments and written examination at the
participants opting not
to write the examination will be awarded
this certificate and will
be exempted from paying examination fee.
end of the Course. The total marks for the Course will be 300, which will be divided into three categories such as:
Certificate of
Successful
Completion: After
There will be a written exam at the end of the course and the schedule for the exam will be notified later on the
successfully completing the prescribed academic studies and satisfying the requirements for the award of
certificate including
passing the written
examination, this certificate will be awarded to the candidates.
Special Certificates
of Merit: The first
three participants with
highest marks will be
awarded the certificate
of merit.
Final
Written Examination consist of (Subjective & Objective): 150 marks
Assignments:
Participation
100 marks
in Virtual and in-person contact classes: 50 marks
course website. The exam will include both subjective as well as objective questions based on the sessions taught
during the course. The exam will be of one hour duration. A candidate has to secure at least 50% consolidated score
to pass the course.
The criteria for evaluation will be on the basis of grading system such as:
A= 80%+
B= 70%- 79.9%
C= 60%-69.9%
D= 50%-59.9%
E= Fail
Candidate will be allowed one more chance of repeat test to qualify the exam, in case candidate fails in an exam.
However, an additional attempt may be considered in an extraordinary situation.
In addition to completion of academic studies, a candidate shall have to complete the assignments on time, fulfill
adequate participation in virtual and in-contact classes and score a minimum of 50% in the written examination.
The Certificate will be awarded by the Indian Institute of Corporate Affairs to all the successful participants.
The participant scoring A grade will be awarded with certificate of merit.
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IICA SCHOOL OF COMPETITION LAW & MARKET REGULATION
IICA Network of
Schools & Centres
Indian Institute of Corporate Affairs (IICA) has been established by the Ministry of Corporate
School of Competition
Law
& Market
RegAffairs, Government of India to act as think-tank and capacity building institute. The School
ulation
of Competition Law& Market Regulation is an integral part of the network of Schools and
School of Corporate
Centers at IICA, and has been established with the core objective of meeting the capacity
Governance & Public
Policy
building needs in the area of competition law and market regulation. The School conducts
School of Corporate Law
long term and short term courses for training of various stakeholders such as officials of minSchool of Finance
istries, government departments, regulatory bodies, public and privates sector enterprises, students and other practitioners of competition law.
The School also provides policy assistance to various Ministries and government departments
Center for Business
Innovation and IT
Services
on issues relating to competition policy, competition law and market regulation. Another func-
Center for E-Governance
tional area of the School relates to performing research and advisory assistance to public and
Center for Institutional
Partnerships & Corporate
Communications
private sector enterprises.
The vision of the School is dedicated towards creation of ‘competition culture’ among the
market participants through augmenting competition awareness and understanding. This shall
Center for Responsible
Corporate Governance
Center for Small &
Medium Enterprises
lead to improved compliance among stakeholders, thereby facilitating greater competitiveness.
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Our Specialized Courses Conducted in the Recent Past
 Seminar on High-Tech Industries and Antitrust Analysis, 3rd March, 2015
 Certificate Course in Competition Law, October - December, 2014
 Training Workshop on Designing the Antitrust and Merger Remedies, 3rd December, 2014
 Roundtable on Competition Investigations & Merger Review in the Healthcare Industry, 25th September, 2014
 Antitrust Summer School 2014, 1st-5th July, 2014
 Training workshop on Competition Law & High-Tech Markets, December 20, 2013
 Two-day Residential Training Course on Regulation and Competition for Telecom Sector, 18 – 19 November, 2013
 Roundtable on Petroleum & Natural Gas Regulatory Framework on the Anvil of Competition Law on November 16, 2013, for officers of the Ministry of Petroleum and
Natural Gas
 Two-day Residential Training Course for Public Sector Oil Marketing Companies (OMCs), August 2-3, 2013;
 Roundtable on Infusion of Competition in Indian Economy, 12 th March 2013;
 IICA – CCI – OECD Two-day Training Course on Competition Assessment, 22-23 January, 2013
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