With reference to India.

Contributed articles emerging out of various seminar platforms on Indian government policies on competition and laws regarding it.

The liberalization of the Indian economy opened the market to foreign players, creating the need for legislation to regulate the competitive environment and prevent anti-competitive practices of undertakings that would have an impact on markets. Thus, the Competition Act, 2002 was enacted, repealing the erstwhile Monopolies and Restrictive Trade Practices Act, 1969, which had become archaic and did not suit the present needs. “Conceptual Foundations of Competition Law in India” is a succinct text on the Competition Act, 2002. It encapsulates the legal provisions pertaining to cartels, abuse of dominance and combination regulation along with relevant case law in India. It provides a comparative analysis of competition law or anti-trust law in various jurisdictions, including the U.S. and the E.U. This book is a ready reckoner for corporate lawyers, students as well member of the business community in whose interest the law has been enacted.

India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, ‘the largest democracy in the world’. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this – in which the business legal system of India is thoroughly reviewed – will be really welcomed by both practitioners and academics. This book examines the full spectrum of India’s legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers’ rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world’s second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.

Indian Contract Act, 1872 1. Business (Mercantile) Law : An Introduction, 2. Indian Contract Act, 1872 : An Introduction, 3. Contract : Meaning, Definition and Characteristics of a Valid Contract, 4. Agreement : Meaning, Kinds and Difference, 5. Proposal (Offer), Acceptance Communication and Revocation, 6. Capacity of Parties to Contract or Parties Competency to Contract, 7. Free Consent, 8. Lawful Consideration and Objects, 9. Agreements Expressly Declared as Void, 10. Contingent Contracts, 11. Performance of Contracts and Appropriation of Payments, 12. Discharge of Contracts, 13. Quasi or Implied Contracts of Certain Relations Resembling those Created by Contracts (Sections 68 to 72), 14. Remedies for Breach of Contract Special Contracts 15. Contract of Indemnity and Guarantee, 16. Contract of Bailment and Pledge, 17. Contracts of Agency The Sale of Goods Act, 1930 18.The Sale of Goods Act, 1930 : An Introduction, 19. Conditions and Warranties, 20. Effects of the Contract of Sale—Transfer of Ownership and Title, 21. Performance of Contract of Sale, 22. Remedial Measures and Auction Sale, Law Relating to Carriage of Goods 1. Law Relating to Carriage of Goods : Carriage of Goods by Land, 2. Carriage by Sea, 3. Carriage by Air The Negotiable Instruments Act, 1881 1. Negotiable Instruments Act, 1881 : Introduction, 2. Parties to a Negotiable Instruments, 3. Negotiation, 4. Presentment and Dishonour of Negotiable Instruments, 5. Discharge of Negotiable Instruments, 6. Hundis, 7. Banker and Customer Law of Insolvency : General Introduction of Provincial Insolvency Act, 1920 1. Law of Insolvency : Introduction, 2. Presentation of Petition, 3. Insolvent’s Property and Debts, 4. Discharge of Insolvent Arbitration and Conciliation Ordinance, 1996 1. Arbitration and Conciliation Ordinance, 1996 Indian Partnership Act, 1932 1. An Introduction to Indian Partnership Act, 1932 [Section 1—8], 2. Partnership Deed or Mutual Relations of Partners [Sections 9—17], 3. Rights and Duties of Partners and Relation to Third Parties [Sections 18—29], 4. Kinds of Partners [Sections 31—38], 5. Dissolution of a Firm [Sections 39—55], 6. Registration of Partnership [Sections 56—72], M.R.T.P. Act, 1969 1. The Monopolies and Restrictive Trade Practices Act, 1969, 2. The Monopolies and Restrictive Trade Practices Commission, 3. Prohibition of Monopolistic, Restrictive and Unfair Trade Practices. The Foreign Exchange Management Act, 2000 (FEMA) 1. The Foreign Exchange Management Act, 2000 Insurance Law 1. Law of Insurance : An Introduction, 2. Life Insurance, 3. Fire Insurance, 4. Marine Insurance.

Examines the state of competition enforcement in South Asia to aid the region in realising the full benefits of economic law reform.