COMPETITION LAW

Unit 1:

16 Markers

1. Competition means a struggle or contention for superiority in the commercial world.

Elucidate.
(June 2015)

2. Explain the constitutional provisions governing the trade and commerce under
Competition law.
(June 2015) (Dec 2015) (June 2017) (Dec 2019)

3. Explain why trade shall be regulated in the interest of economy and consumer
protection.
(June 2018)

4.

8 Markers

Unit 2:

16 Markers

1. Mention the powers of the FTC under the FTC Act, 1914. What are the
offences recognized and penalties prescribed under the Act.
(June 2015)

2. Explain the salient features of the UK Competition Act

(Dec 2015)

3. Mention the powers of Federal Trade Commission (FTC), constituted under the FTC
Act, 1914.
(June 2016)

4. Explain the salient features of FTC Act

(Dec 2016) (Dec 2019)

5. Explain the salient features of Sherman Antitrust Act, 1890

(June 2017) (June 2019)

6. Discuss the salient features of the Clayton Act, 1914

(June 2017) (June 2018) (Dec 2018)

7. Critically evaluate the FTC Act

(June 2017) (Dec 2017) (Dec 2018)
 8. Discuss major provisions of Clayton Act, 1914
(Dec 2017)

9. Discuss provisions of Sherman Act and Clayton Act relating to unfair

monopolistic practices.
(Dec 2019)

10.
8 Markers

1. Clayton Act, 1914 (Dec 2015)

2. Individual exemptions (June 2016)
3. Sherman Anti-trrust Act, 1890 (Dec 2017)
4.
Unit 3:

16 Markers

1. Dominance per se is not illegal but the abuse of the position of dominance is
illegal. Discuss.
(June 2015)

2. Salient features of Consumer protection Act, 1986. How does the Act owe its
relevance to the spirit of competition?
(June 2015)

3. Briefly explain the regime of MRTP Act. Elucidate the changes incorporated by the
Competition Act
(Dec 2015)

4. Explain the salient features of CA, 2002

(Dec 2015) (Dec 2018) (Dec 2019)

5. Enumerate the abuse of dominant position and Anti Competition Agreements

(Dec 2015)

6. Explain the appellant provisions under the Competition Act

(Dec 2015)

7. Discuss unfair trade practice under the Consumer Protection Act, 1986. Explain the
statements, objects and reasons of MRTP Act
(June 2016)

8. What is abuse of dominant position? State the procedure for inquiry into abuse of
dominant position?
(June 2016) (June 2017) (June 2019)

9. Competition litigations arise out of anti-competitive practices by the enterprises,

firms, trade associations etc., by way of combinations of cartelization. Elucidate your
answer.
 (June 2016)

10. What is the Per Se offences punishable under the CA, 2002? List the penalties under
the Act.
(June 2016) (Dec 2018)

11. Explain the salient features of MRTP Act, 1969

(Dec 2016)

12. What are the agreements that are restricted under the CA, 2002? Discuss.
(Dec 2016) (Dec 2017) (June 2018) (June 2019)

13. Critically evaluate CA, 2002

(Dec 2016) (June 2019)

14. Narrate the distinction between MRTP Act, 1969 and CA, 2002.
(Dec 2016)

15. What do you mean by combination? Write the procedure for investigation of
combination?
(June 2017) (Dec 2017) (Dec 2018)

16. Explain the objects and reasons of Competition Act, 2002

(Dec 2017)

17. How the abuse of dominant position is regulated under Competition Act,
2002.
(June 2018)

18. Explain the circumstances under which penalty may be imposed under the
Competition Act.
(June 2019)

19. Role of Indian Competition Act in regulating anti-competitive agreements.

Explain.
(Dec 2019)

20.

8 Markers

1. Price Fixing (June 2015) (June 2017)

2. Doctrine of appreciable adverse effect on competition (June 2015)
3. Cease and desist order (June 2015)
4. Regulation of Combinations (Dec 2015) (Dec 2016)
5. Price discrimination (June 2016) (June 2018)
6. Predatory pricing (June 2017) (June 2019)
7. Restrictive trade practices & unfair trade practices (Dec 2018)
8. Investigation into combination (Dec 2019)
9.
Unit 4:

16 Markers

1. Provisions relating to the establishment and functions of the CCI. Mention the
procedure of conducting inquiries by the CCI.
(June 2015)

2. Discuss the powers and duties of CCI

(Dec 2015) (June 2019)

3. Discuss the provisions relating to the establishment and functions of the CCI.
Mention the procedure of conducting enquires by the CCI
(June 2016)

4. Discuss the procedure for enquiry under sec 19 of CA, 2002

(Dec 2016) (Dec 2019)

5. Explain the circumstances under which penalty may be imposed under the
Competition Act
(June 2017)

6. Explain the provisions related under the CCI

(Dec 2017) (June 2018)

7. What are the Per Se offences punishable under the Competition Act, 2002?
List the penalties under the Act.
(Dec 2017)

8. Discuss the establishment, composition, & duties of Competition Commission

of India
(Dec 2018)

9. Explain the procedure for appointment of secretary, experts, professionals

and officers of the competition commission.
(June 2019)

10. Discuss composition, powers & functions of Competition Commission of

India.
(Dec 2019)

11.

8 Markers

1. Statutory Authority (June 2016)

2. Rectification of orders (Dec 2016)
3. Competition fund (June 2017) (June 2019)
 4. Investigation (Dec 2017)
5. Duties of Competition Commission (June 2018)
6. Meetings of Commission (Dec 2018)
7.
Unit 5:

16 Markers
1. How is Director General (Investigation) appointed? What are the
contraventions under the CA, 2002 that he can investigate?
(June 2015)

2. Critically examine the Rule of Reason and Per Se Rule evolved under Anti Trusts
Acts of USA. Discuss the Rule of Reason approach adopted in TELCO case of India.
(June 2015)

3. Explain the powers and duties of the Director General under the Competition Act,
2002
(Dec 2016) (Dec 2018)

4. Explain the role of the Director General of Competition Commission of India.

(June 2018)

5.
8 Markers

1. Competition Advocacy (Dec 2015) (Dec 2019)

2. Haridass Vs. All India Float Glass Manufacturers Association & Others (Dec 2016)
(June 2018)
3. Director general (Dec 2017)
4. Appointment of Director General (June 2019)
5. Duties of Director General (Dec 2019)
6.
10 Markers:

1. In recent years the state govts in India have launched the program of issuing
ration cards for below poverty line of economically poorer sections of the
society. One Barsal Ali of state of West Bengal was one of the beneficiaries to
get the BPL card under the public distribution system. As a consumer he has
purchased edible oil from a fair price depot as his family quota. After
consuming the oil, he and his family members have suffered paralysis strokes
in their lower limbs. The food laboratory test has revealed that the edible oil
was adulterated with rapeseed oil due to which the entire family suffered
paralysis strokes. Advice Barsal Ali. Also quote decided case law under the
Consumer Protection Act, 1986.
(June 2015) (June 2016)

2. A cartel which was formed on January 20th 2003 within the definition of
Section 2 (C) of the CA, 2002, continued to be in existence till May 21st 2009. It
entered into an anti-competition agreement with other entities on January 20 th
 2003 and caused appreciable adverse effect on competition. Can the CCI
established on October 19, 2003 but came into force w.e.f May 15, 2009 take
action against the Cartel? Decide with reasons vis a vis legal issues under the
Competition Act, 2002 with amendments thereof.
(June 2015)

3. Mr. Sonam has furnished information to the CCI alleging that Apple
international corporation has entered into a tie in agreement secretly with
vodafone and airtel for sale of iphone in India in order to get exclusive right.
Iphones were compulsorily locked so that they could work on their own
network to the exclusion of other networks. Mr Sonam has also alleged that
such activity resulted in limiting and controlling iphone market by creating
entry barriers for other competitors in india. Based on investigation report of
DG the CCI has ordered closure of the matter. Against the orders of CCI an
appeal was preferred before the SC for various violations under the CA, 2002.
Decide with reasons and decided case law.
(June 2015) (June 2016) (Dec 2017)

4. A school has charged Rs.500 as interview fee for LKG students in addition to
registration fee of Rs.200, But the school did not spend any amount towards
interview time. Whether charging of this fees by the school is justified.
(Dec 2015) (June 2019)

5. Horlicks Company offered a Hidden Wealth Prize Offer in its products for the
customers of Bangalore only for a specific period, where coupons were placed
inside the bottles and the purchaser of the product would get various prizes.
Whether the scheme is unfair trade practice? Decide.
(Dec 2015) (Dec 2017) (June 2019)

6. Asha Sales Pvt. Ltd. entered into an agreement with the XYZ dealer to stock
and sale of only products of Asha Sales Pvt. Ltd. which regulated the selling
points and other brands. Discus the issue with respect to restrictive trade
practices.
(Dec 2015)

7. KIX, PIX & SIX enterprises of India issued a notice to the Competition
Commission of India about their proposed merger. The assets of the merger
companies in India is Rs. 1000 crores, while their annual turnover is Rs. 2000
crore. The merger companies of India also want to merge with MIX and MAX
Indian Companies situated in USA, whose assets are 500 million $ and the
turnover is 2000 million $. Can the CCI allow this merger. Give your reasons.
(June 2016) (Dec 2019)

8. A died in an accident. A’s wife claimed from the insurance company which
refused her claim stating that the driver has no driving license at the time of
the accident. A’s wife contends that there is deficiency in service from the
insurance company. Whether her argument is acceptable. Advice.
(Dec 2016)
9. The police have been harassing street hawkers, who sell fruits on public
roads. The street hawkers association approach the court condemning the
polices act as violative of their fundamental right under Article 19 (1) (g) of
the COI. Decide.
(Dec 2016)

10. A, a trust establishes an educational institution with social objects and does
not charge any fee from the students. The State Govt sends the DEO for
inspection to the school. The management challenges it under Article 19 (1)
(g) contending that it is not running business, but imparting education to the
poor people and the state cannot interfere in its affairs. Decide.
(Dec 2016) (Dec 2017) (June 2019)

11. Mr. Ram Singh has furnished information to the CCI alleging that the Punjab
Power Corporation (PPC) has abused its dominant position being the sole
supplier of electricity and indulged in price fixing by charging higher rates of
electricity connection. Can the CCI treat his information as competition
litigation under the Competition Act, 2002. Decide.
(June 2017) (Dec 2018)

12. Simsan, a cartel which was formed on March 15th 2004 within the definition of
Section 2 (C) of the CA, 2002, continued to be in existence till August 16th 2009.
It entered into an anti-competition agreement with other entities on March
15th 2004 and caused appreciable adverse effect on competition. Can the CCI
established on October 19, 2003 but came into force w.e.f May 15, 2009 take
action against Simsan Cartel? Decide with reasons.
(June 2017)

13. Techfo company has refused to supply its products to a long standing Adora,
a distribution company. It has stopped the supply suddenly. Techfo company
has also charged excessive price for its product in Germany and less price in
Italy. Whether such activities of Techfo company amount to the abuse of the
position of dominance or not? Decide with reasons.
(June 2017) (Dec 2018)

14. General motor company, a manufacturer of trucks-imposed conditions

restricting to sell only within specified geographical territories to its
distributors and dealers, they were not to sell the trucks except to individuals,
firms or corporations, having the place of business in the territory. The
distributors and dealers want to bring an action under the Competition Act,
2002. Decide.
(June 2018)

15. ‘A’ an oil company requires its service station dealers to stock exclusively the
tyres manufactured by a company B, a rubber company. It was also agreed
between them that B company would pay commission to company A on all
sale of tires. Comment.
 (June 2018)

16. Enterprise Milind is a producer of fashion trended clothes who distribute

throughout India through its distributors. However, it gives only one
distributorship for East, West, North & South India and it does not allow
distributors to sell in each other’s territory. Whether such an agreement made
by Milind is prohibited under competition law.
(June 2018)

17. Abhi Sales Pvt. Ltd. entered into an agreement with the Ganga dealer to stock
and sale of only products of Abhi Sales Pvt. Ltd. which regulated the selling
points and other brands. Discus the issue with respect to restrictive trade
practices.
(Dec 2018)

18. Anand, a textile shop owner enters into an agreement with his competitor,
Gopal not to compete and they tried to fix prices for various products they
sell. Consumers started raising objections on quality and affordability reasons
against these 2 enterprises. Decide.
(Dec 2019)

19. A, an oil company, in its service centre was selling the tyres manufactured by
company B with an exclusive dealing agreement and for commission as per
volume of sale. Discuss the above in light of the Competition Act, 2002.
(Dec 2019)