Diploma in Competition Law, Practice And Enforcement

BY
LawSikho

Excel in corporate litigation and capital markets advisory fields with a Diploma in Competition Law, Practice And Enforcement certification by LawSikho

Mode

Online

Duration

6 Months

Fees

₹ 30000

Quick Facts

particular details
Medium of instructions English
Mode of learning Self study, Virtual Classroom
Mode of Delivery Video and Text Based
Frequency of Classes Weekdays, Weekends
Learning efforts 8-10 Hours Per Week

Course overview

The Diploma in Competition Law, Practice And Enforcement certification course duration is 6 months. The certification course covers various topics related to competition law such as mergers, anti-competitive agreements, and abuse of dominant position. Students will gain exposure to drafting work and step-by-step guidance to understand the processes including drafting documents, information, appeals, interim and pleadings. 

Participants gain in-depth knowledge of filing writs, defending clients in competition litigation and drafting advisories. The Diploma in Competition Law, Practice And Enforcement certification by LawSikho offers a deep understanding of practical and strategic aspects of case orders of CCI, NCLAT/COMPAT and the Supreme Court of India with the support of industry experts.

Also Read: Online Law Courses & Certifications

The highlights

  • 6 Months Online Course 
  • Self-Paced Course
  • 1 Online Live Class/Week
  • 2 Practical/Drafting Exercises Per Week
  • Digital Access to Entire Study Material
  • Training for Writing and Publishing Articles
  • Access to Online Updated Content for 3 Years
  • Instructor-led Course with Online Live Classes
  • Job/Client Recommendation for Top Students

Program offerings

  • 3 writing assignments
  • Instructor feedback on assignments
  • Doubt clearing within 24 hours
  • Access on lms
  • Android & ios app
  • Doubt clearing on lms & classes
  • Cv enhancement
  • Coaching for professional networking
  • Internship and job support

Course and certificate fees

Fees information
₹ 30,000

Diploma in Competition Law, Practice And Enforcement Certification Fee Structure

Certification Course 

Fees 

Diploma in Competition Law, Practice And Enforcement

Rs 30,000

certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

The certification course is designed for aspiring students and law professionals to enhance their skills and knowledge. This course is also beneficial for:

Eligibility criteria

Certification Qualifying Details

The candidates must complete 18 subjective exercises and 3 writing assignments to receive a certificate. Students will receive the certificate co-branded by NSDC and Skill India by courier to their provided address.

What you will learn

After completing the Diploma in Competition Law, Practice And Enforcement certification syllabus, the candidates will learn to draft information, appeals, interim documents, pleadings, advisories and writs. They will also gain in-depth knowledge of substantive provisions of the Act under Sections 3,4,5 and 6 and enforcement litigation under Sections 3 and 4.

Upon the completion of the Diploma in Competition Law, Practice And Enforcement training, students will be able to respond to the DG and opposite parties and understand IP and competition law. They will explore the kinds of transactions and study the new amendments. Students will also gain hands-on experience in cross-border competition law and regimes

The syllabus

Introduction to Competition Law

  • Introduction to Competition Law, transactions susceptible to competition law risk
  • Influence of Competition law on business
  • Relevance of competition law to start-ups, funded start-ups and new businesses
  • How offshore competition laws impact Indian businesses
  • When do companies need to engage competition firms or competition lawyers and Legal work for competition lawyers
  • Conflict between CCI and sectoral intervention
    • Sports
    • Telecom
    • Statutory Authorities
    • Aviation
    • E-commerce
    • Big Data, AI & Blockchain
  • Challenge to Constitutionality of the CCI

Anti-Competitive Agreements

  • Introduction to Anti- Competitive Agreements
  • Delineation of Relevant Market for Anti- Competitive Agreements
  • Concept of Appreciable Adverse effect on Competition (AAEC)
  • Applicability of Section 3(1) of the Act in isolation
  • Suggestions from the Competition Law Review Committee
  • Rule of Reason vs. Per Se Rule
  • Introduction to Horizontal Agreements, single economic entity doctrine and law of presumption
  • Price Fixing
  • Market Allocation
  • Limiting or controlling production or provision of services
  • Bid Rigging
  • Treatment of joint ventures
  • Introduction to vertical agreements
  • Market power and burden of proof under vertical agreements
  • Tie-in Arrangement
  • Exclusive Supply agreement
  • Exclusive Distribution Agreement
  • Refusal to Deal
  • Resale Price Maintenance
  • Exceptions
    • Export cartel 
    • Reasonable restraints for protection of Intellectual Property Rights

Abuse of Dominance

  • The Framework of Section 4 of the Act- Abuse of Dominant Position
  • Assessment of relevant market
    • Relevant product market
    • Relevant geographical Market
  • What is market dominance? Collective Dominance- Are Ola, Uber or Flipkart dominant players
  • Exclusionary and Exploitative Abuse
  • Unfair pricing and Discriminatory pricing
  • Predatory pricing
  • Limiting/ restricting innovation/ development of the market and Limiting/ restricting production and supply of goods in the market
  • Denial of market access
  • Conclusion of Contracts subject to acceptance by other parties of supplementary obligations
  • Leveraging market power in other markets or imposition of unrelated conditions
  • Which amongst the following are anti-competitive agreements or abuse of dominance
    • Is the constitution of a sports federation
    • Creation of a professional association for a specific category of people
    • Prescription of minimum or maximum rates for specific services

Inquiry and Investigation in Enforcement Cases

  • Drafting an Information and filing requirements
  • Preliminary hearing and Prima Facie order
  • Power of Recall
  • Anti-competitive agreements: Inquiry and investigation process
  • Abuse of dominant position: Inquiry and investigation process
  • DG Investigation, DG Report, replies to the DG and objections to be filed.
  • Preparation for final hearings and final order
  • Application for Interim Relief
  • Dawn raids and how to prepare for them
  • Powers of the Competition Commission and orders that CCI can pass
  • Penalties for individuals and companies in case of an anti-competitive agreement or abuse of dominant position
  • Leniency provisions and how to claim benefits
  • Settlements or Compromises
  • Appeals to CCI’s decisions and COMPAT/NCLAT decisions
  • When to approach the NCLAT (National Company Law Appellate Tribunal) in competition cases, how to draft appeals
  • Appeals before the Supreme Court

Competition Law and IP

  • Where and when do IP and Competition Law interact?
  • Commercial intent and competition-law validity of following clauses in IP licenses
    • Grant-backs
    • Active and passive sales and restrictions on them
    • Exclusive licenses
    • Reciprocal and Differentiated Royalties
    • No-challenge clauses
    • Restrictions protecting know-how and/ or goodwill
    • Field of use restrictions
    • Refusal to license
    • Non-compete clauses
    • Territorial exclusivity
    • Use of competing technology
    • Forward-feed obligations
    • Quantity and price restrictions, minimum sales requirements
    • Automatic renewal
    • Restrictions on R&D
  • Block Exemptions
  • Technology Transfer Agreements and Competition Law
  • Standard Essential Patents and Competition Law
  • FRAND Licensing and Compulsory Licensing
  • Case study of FRAND and SEP with reference to Intex, Ericsson and Micromax litigation
  • Cross-licensing agreements

M&A & Competition Law

Framework of the Institution for regulating competition
  • CCI framework
  • Review Process 
  • NCLAT- Appellate Authority 
  • Supreme Court
Types of Combinations
  • Horizontal Combination
  • Vertical Combination
  • Conglomerate Combinations
Understanding of Provisions under Section 5
  • Section 5(a), 5(b) and 5(c) – Core Concepts
  • Jurisdictional Thresholds
  • Target Based Exemption 
  • Specific Exemption to regional and rural banks and public sector banks
  • Parties Test/Group Test 
  • Assessment of Assets and Turnover
  • Schedule 1 Exemptions
Creative forms of Combination
  • Composite Transactions with special focus on Thomas Cook Case and SCM Soilfert Case
  • Reverse Triangular Combinations
  • Demergers
Concept of Control
  • Evolution of this concept with the CCIs’ changing decisional practice
  • International concept of Control
  • Change of control from joint control to sole control and vice versa 
  • Negative or Positive Control
Assessment of Relevant Market and Appreciable Adverse Effect on Competition
  • Concept of Relevant Market and its application while drafting the form 
  • Relevant Geographic Market
  • Assessment of appreciable adverse effect on competition
Combination Filing Process:
  • When to file a notification
  • Incomplete Notification
  • Notifying Parties in case of Acquisition or Mergers
  • Fee Structure
  • Form I, Form II and Form III [Samples showing the layout of all the forms and what all details are needed to be filled]
  • Documents to be filed with the Form and Signing Requirements
Phase I and Phase II
  • Prima Facie examination
  • Phase II examination
  • Modifications
  • Remedies- Behavioural or Structural

International and Comparative Competition Law

  • Criminalization of cartels
  • International Competition Network and bilateral and multilateral agreements
  • Unique features of competition law of the following jurisdictions
    • US Antitrust Law (e.g. HSR ratio, etc.)
    • EU competition law
    • Japanese anti-monopoly law
    • Chinese anti-monopoly law
    • German competition law
    • South African Competition Law
    • Australian Competition Law
  • How do domestic competition regulators co-operate to investigate cross-border competition issues?
  • Private enforcement

Admission details

To join the Diploma in Competition Law, Practice And Enforcement classes, follow the below-mentioned steps: 

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/competition-law-practice-and-enforcement

Step 2: Participants must click on the “Enroll Now” button, fill in the necessary information and click on the “Submit” button.

How it helps

The Diploma in Competition Law, Practice And Enforcement certification benefits include:

  • The candidates will have 1 online live class and 2 practical exercises per week
  • They will receive the printed study material by courier and as well digital access to the entire study material for 3 years. 
  • Participants will also receive the opportunity to get the instructor's feedback on assignments and clearing their doubts on WhatsApp, LMS & Classes.
  • The certification course assists the students in building eye-catching CVs, coaching for professional networking, interview preparation, and training for writing and publishing articles. 
  • Candidates will also receive placement assistance for jobs, internships and assessment internships. 
  • They will also get support for networking with other students and alumni, and top students will get recommended to law firms and companies.

FAQs

What is the duration of the Diploma in Competition Law, Practice And Enforcement training?

The duration of this certification course is 6 months. The students will learn drafting work related to competition law and gain an understanding of drafting information, appeals, interim documents and pleadings.

Who can apply for the Diploma in Competition Law, Practice And Enforcement online course?

Law Students and aspiring Lawyers, Lawyers in Corporate Law Firms, In-House Legal Teams, Compliance Officers, Commercial Litigators, In-House Counsels for Listed Companies, Corporate Lawyers, Chartered Accountants and Company Secretaries can pursue this certification course.

Who are the potential employers for the Diploma in Competition Law, Practice And Enforcement certification course?

Competition Law Firms, Full-Service Corporate Law Firms, In-House Legal Teams, Think Tanks like Vidhi and CUTS, PSUs, the Competition Commission of India, and Independent litigators including senior advocates are potential employers.

Why Diploma in Competition Law, Practice And Enforcement online course unique from other courses?

Students get trained for actual works performed by lawyers and in merger control, which is not mostly taught in law colleges. They draft form I and form II notices filed before the CCI to receive transaction clearances.

How many exercises are provided to the students for the Diploma in Competition Law, Practice And Enforcement certification course?

Students are required to complete all 18 subjective exercises and 3 writing assignments to receive a course completion certificate. Unless they complete all the exercises and assignments, they will not be awarded the certificate.

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