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Transnational Competition Law

By Prof. Md. Zafar Mahfooz Nomani   |   Aligarh Muslim University
Learners enrolled: 749   |  Exam registration: 53
ABOUT THE COURSE:
Transnational Competition Law course provides comprehensive study of the need and importance of extra-territorial application of competition law. It gives an elaborative understanding of the evolution and transnational application of competition law by way of bilateral as well multilateral cooperation among competition authorities. It also helps in having a wholesome idea about international cooperation taking place within various international organizations, as well as networks based on binding international agreements and various informal networks. It also provides an in-depth knowledge of various soft as well as binding international treaties. The competition cooperation authorities among national jurisdictions are also taken care within transnational competition networks. The course is designed for lucid understanding of extra-territorial application and transnational cooperation within the mandate of Section 32 of Competition Act, 2002. It also helps in understanding of the bilateral as well as multilateral cooperation initiatives undertaken by the Competition Commission of India and their working mechanism in achieving international trade. This course will be helpful for the researchers, academicians and students to have advanced knowledge in the fields of intellectual property rights, competition law, international trade law and global corporate governance.

INTENDED AUDIENCE:
  • Officials working in government departments, regulatory authorities & public sector undertakings
  • Professionals practicing lawyers and in-house counsels, economists, chartered accountants, company secretaries, Management personnel.
  • Academicians studying in the field of intellectual property, competition law and corporate law practice and advocacy
  • Students studying law, business, economics, chartered accountants, company secretaries, Cost and Works Accountant, Chartered Financial Analyst
  • Students/professionals interested in pursuing a career in competition law internship and court work
  • Corporate executives and entrepreneurs to keep their business compliant with national and transnational competition laws
  • Law firms, advocates, anti-trust consultancies, draftsmen of competition conveyancing and pleadings


PREREQUISITES: UG & PG

INDUSTRY SUPPORT: Law Firms, Corporate Firms, Company Law Board, Competition Commission of India, Tribunals & Court Personnel
Summary
Course Status : Completed
Course Type : Elective
Language for course content : English
Duration : 12 weeks
Category :
  • Law
Credit Points : 4
Level : Undergraduate/Postgraduate
Start Date : 22 Jul 2024
End Date : 11 Oct 2024
Enrollment Ends : 05 Aug 2024
Exam Registration Ends : 16 Aug 2024
Exam Date : 25 Oct 2024 IST
ALERT ON EXAM DATE :

Exam date is subject to change.

Note: This exam date is subject to change based on seat availability. You can check final exam date on your hall ticket.

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Course layout

Week 1:  Theories of Transnational Application of Competition Law
1. Theories and Principles of Transnational Application of Competition Law
2. Unilateral Jurisdiction Principle and Transnational Application of Competition Law
3. Transnational Application of Competition Law in United States of America
4. Theories and Doctrine of Transnational Application of Competition Law in United States of America
5. Transnational Application of Competition Law in European Community

Week 2: Approaches To Transnational Application of Competition Law in European Union:
6. Doctrines for Transnational Application of Competition Law in European Union
7. Doctrinal Approaches & Variations in Transnational Application of Competition Law in European Union
8. Impact Of Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
9. European Court of Justice Response to Anti-Trust Effects Doctrine on Transnational Application of Competition Law in European Union
10. Global Experiences of Perspective Transnational Competition Law Enforcement

Week 3: Global Experiences of Transnational Application of Competition Law:
11. Transnational Competition Law Experiences in Global Perspective
12. Transnational Competition Law Experiences in Developing Countries
13. Enforcement of Transnational Application of Competition Law in South American Countries
14. Compliance & Cooperation for Transnational Application of Competition Law in Global Context
15. Conflict & Cooperation Issues in Enforcement of Transnational Application of Competition Law

Week 4: Enforcement of Transnational Application of Competition Law:
16. Hurdles & Hiccups in Enforcement of Transnational Application of Competition Law
17. Notion & Concept of Embracement of Transnational Application of Competition Law
18. Global Case Study of the Embracement of Transnational Application of Competition Law
19. Embracement of Transnational Application under OECD Competition Law and Policy
20. Trends & Tendencies of Embracement of Transnational Application of Competition Law

Week 5: Embracement of Transnational Application of Competition Law in Comparative Perspective:
21. Embracement of Transnational Application of Competition Law in Developing Countries
22. Embracement of Transnational Application of Soft Form.
23. Comparative Laws & Model Law Templates on Embracement of Transnational Application of Competition Laws
24. Comparative Laws Perspective on Embracement of Transnational Application of Competition Law
25. Model Competition Laws Perspective on Embracement of Transnational Application of Competition Law

Week 6: Competition Remedies for Transnational Application of Competition Law:
26. Nature & Kinds of Competition Remedies for Transnational Application of Competition Law
27. Enforcement of Competition Remedies for Transnational Application of Competition Law
28. Strategy for Competition Remedies for Transnational Application of Competition Law
29. Nature of Behavioral & Structural Competition Remedies in Israel
30. Challenges to Competition Remedies in Consumer Markets Competition Authorities

Week 7: Transnational Application of Competition Remedies in European Union:
31. Transnational Application of Competition Remedies in European Union
32. Competition Remedies under Article 7(1) European Commission Regulation, 2003 & European Commission Notice on Remedies, 2004 in European Union
33. Competition Remedies under European Commission Regulation, 2003 in European Union
34. Modernization & Decentralization Reform of Transnational Application of Competition Remedies in European Union
35. Transnational Implication for Competition Law in Israel

Week 8: Enforcement of Transnational Application of Competition Remedies in Israel:
36. Enforcement of Transnational Application of Competition Remedies in Israel
37. Transnational Application of Competition Remedies in Israel
38. Nature & Extent of Competition Remedies in Israel
39. Ambit & Scope of Competition Remedies in Israel
40. Competition Law & Policies in BRICS Countries

Week 9: Transnational Application of Competition Remedies in in BRICS Countries:
41. Competition Structure & Enforcement in BRICS Countries
42. Constitutional Dimensions of Competition Law in Brazil
43. Classical & Neo-Classical Competition Law in Brazil
44. Modern Competition Law in Brazil
45. Adjudication of Competition Dispute Law in Brazil

Week 10: Transnational Application of Competition Remedies in Brazil & Russian Federation:
46. Power & Function of Brazil’s Competition Authorities
47. Role of CADE & Brazilian Court in Competition Enforcement
48. Competition Remedies under EU Commission Notice, 2008
49. Transnational Implication of Competition Law in Russian Federation
50. Enforcement of Transnational Competition Law in Russian

Week 11: Transnational Application of Competition Law in India & China:
51. Transnational Application of Competition Law under Indian Competition Act,2002
52. Procedure for Transnational Application under Indian Competition Act
53. Enforcement & Execution Transnational Competition Law in India
54. Procedure & Process for Execution Transnational Competition Law in India
55. Anti-Monopoly Law in China

Week 12: Transnational Application of Competition Law in China & South Africa:
56. Anti-Monopoly Law Enforcement & Administration in China
57. Competition Law & Policy Reform in China
58. Competition Laws & Policies in SA
59. Modern Competition Law in SA
60. Role & Challenges of Competition Law Authorities in South Africa

Books and references

1. Andreas Mitschke, The Influence of National Competition Policy on International Competitiveness Of Nations (Physica-Verlag Heidelberg, 1st Ed. 2008)
2. Brendan J. Sweeney, The Internationalization of Competition Rules (Routledge, 1st Ed. 2010).
3. Chris Noonan, The Emerging Principles of International Competition Law (Oxford University Press, 1st Ed. 2008).
4. Damien Geradin And Einer Elhauge, Global Competition Law and Economics (Bloomsbury Publishing, 2nd Ed. 2011).
5. Jurgen Basedow & Et Al., Limits and Control of Competition with A View to International Harmonization (Kluwer Law International, 1st Ed. 2002).
6. Maher M Dabbah, International and Comparative Competition Law (Cambridge University Press, 2010).
7. Maher M. Dabbah, The Internationalisation of Antitrust Policy (Cambridge University Press, 1st Ed. 2003).
8. Mark R. Joelson, An International Antitrust Primer (Wolters Kluwer, 4th Ed. 2017).
9. Martin D. Taylor, International Competition Law: A New Dimension for the WTO? (Cambridge University Press, 1st Ed. 2006).
10. Michael A. Utton, International Competition Policy: Maintaining Open Markets in The Global Economy (Edward Elgar Publishing, 2008).
11. Mihail Danov & Et Al., Cross-Border Eu Competition Law Actions (Hart Publishing, 2013).
12. Nomani, M. Z. M., S. C. Triparthi on Competition Law (Central Law Publications, 2019).
13. Nomani, M. Z. M. & Rahman, F., Competition Law (University Book House (Pvt.) Ltd., 1st Ed. 2018).
14. Phillip Marsden, A Competition Policy for The WTO (Cameron May, 2003).
15. Pradeep S Mehta, Evolutions of Competition Laws and Their Enforcement (Taylor and Francis, 2011).
16. Suzanne Rab, Indian Competition Law: An International Perspective (CCH India, 2012).
17. Vladimir Pavic, Extraterritoriality in The Matters of Antitrust (European Press Academic Publishing, 2002).
18. Yang-Ching Chao & Et Al., International and Comparative Competition Laws and Policies (Kluwer Law International 2008).

Instructor bio

Prof. Md. Zafar Mahfooz Nomani

Aligarh Muslim University
Prof. M. Z.M. Nomani specializes in Intellectual Property Rights & Competition Law since last 29 years. His prime interest lies in probing anti-trust and competition laws in transnational and extra –territorial context to spawn economic growth in India. He has successfully collaborated World Bank & Ministry of Environment & Forests Capacity Building Project on Environmental Law in India [Law Component] during 1998-2003. He has undertaken University Grants Commission Major Research Projects on Review of Legal and Institutional Mechanism for the Protection of Wetland in India during 2009-2011.

Google Scholar: h-index: 19; Citation: 1089: https://scholar.google.com/citations?user=O3pcAdAAAAAJ
Research Gate: h-index: 16; Citation: 863: https://www.researchgate.net/profile/M-Nomani

The major outcome of the project significantly augured reform and enactment of National Wetland Rule, 2010. He has also completed Indian Council for Social Science Research Major Research Projects on Socio-Economic Impact of Special Economic Zone (SEZ) on the Land Owners and Local Inhabitants of Uttar Pradesh and Uttarakhand States of India whose recommendations are reflected in Land Acquisition and Compensation Law in 2013-14.

Books : 11
Research Papers in Edited Books : 55
Research Papers in Refereed Journals : 163
Book Review : 21

Presently he is working on ICSSR' Research Projects on Role of International Biodiversity Law in Developing Access & Benefit Sharing Regime in India.

Course certificate

The course is free to enroll and learn from. But if you want a certificate, you have to register and write the proctored exam conducted by us in person at any of the designated exam centres.
The exam is optional for a fee of Rs 1000/- (Rupees one thousand only).
Date and Time of Exams: 25 October 2024 Morning session 9am to 12 noon; Afternoon Session 2pm to 5pm.
Registration url: Announcements will be made when the registration form is open for registrations.
The online registration form has to be filled and the certification exam fee needs to be paid. More details will be made available when the exam registration form is published. If there are any changes, it will be mentioned then.
Please check the form for more details on the cities where the exams will be held, the conditions you agree to when you fill the form etc.

CRITERIA TO GET A CERTIFICATE

Average assignment score = 25% of average of best 8 assignments out of the total 12 assignments given in the course.

Exam score = 75% of the proctored certification exam score out of 100

Final score = Average assignment score + Exam score

YOU WILL BE ELIGIBLE FOR A CERTIFICATE ONLY IF AVERAGE ASSIGNMENT SCORE >=10/25 AND EXAM SCORE >= 30/75. If one of the 2 criteria is not met, you will not get the certificate even if the Final score >= 40/100.

Certificate will have your name, photograph and the score in the final exam with the breakup.It will have the logos of AMU and INI.

Only the e-certificate will be made available. Hard copies will not be dispatched.

Once again, thanks for your interest in our online courses and certification. Happy learning.

- INI Team


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