Events and Seminars

Third International Conference on Competition Regulations & Competitiveness

5th February, 2016| The Lalit, New Delhi

Participation by Invitation Only. For an invite write to

asa@anupamsanghiassociates.in

Slide1

CONFERENCE TOPICS

  • Overview of Competition Regulation in India

This Session would provide an overview of competition regulation and its impact on markets, firms & consumers in India, through the “Report on the State of Competition Regulation & Competitiveness in India”, prepared specially for the Conference, to be released by Chief Guest & Chairman CCI. The likely impact of Competition Regulation, its reach to the people of the country and development of competition culture would be deliberated upon, as also its impact on the various dimensions of competitiveness. Lessons from experience from other jurisdictions would also be discussed.

  • Analyzing & Regulating High-Tech Markets & Markets of Tomorrow: Need for New Tools?

Competition enforcement in the High Tech markets has been a great challenge all over the world. CCI has also received cases from the High Tech/E-Commerce sector like Google, Ericsson & Flipkart. The key features of these sectors, as also of the markets of tomorrow, which will have very different platforms, processes, participants and people, will be discussed along with the implications for competition agencies and the need to develop new tools for effective regulation. The impact of technology on markets and corporate structures/strategies worldwide would provide the underpinnings for this discussion.

  • Jurisprudence Development (Anti-Competitive Agreements): Issues & Implications

This Session would discuss various issues encountered during the enforcement of anti-competitive agreements both horizontal and vertical. Key issues which have come up for consideration before the Commission will be deliberated on, like the scope of investigations by Director General – CCI, procedural requirements (principles of natural justice), parameters of imposing penalty, per se and rule of reason approaches, price parallelism and plus factors, bid rigging cases and issues of corruption versus anti-competitive agreement between bidders, etc. Different perspectives on AOD/Unilateral conduct in different jurisdictions, and impact of CCI/COMPAT orders on markets, firms and competitiveness would also be discussed.

  • Jurisprudence Development (Abuse of Dominance): Issues & Implications

Over its six years of enforcement, Competition Laws of India has seen severe penalties imposed for violation of Abuse of Dominant position provisions under the Competition Act. It has raised several issues beginning from the definition of relevant market, requirement and emphasis on market shares for determining dominance, lock-in of customers and abuse, predatory pricing cases, determination of cost factor, dominance of trade associations, dominance of public sector units in some markets and competitive neutrality are some of the issues which require attention from the researchers, academia and professional. The impact of CCI/COMPAT orders on markets, firms and competitiveness would also be discussed.

  • Institutional Development: Context, Issues, Way Forward

Developments in the Indian Market, including the regulation of competition in India, are taken note of by many stakeholders world-wide. Institutional issues, particularly those relating to CCI and COMPAT, have assumed importance in this context. Credibility, accountability and effectiveness of these institutions, and the direction they give to jurisprudence development, in line with the letter and spirit of the law, would determine the impact on competitiveness & economic growth, and success of competition regulation in India. Larger institutional architecture, judicial oversight, and other relevant issues would be discussed in this session, as also the global experience in this context.

Speakers

  • D.K. Sikri, Chairperson, CCI
  • M.S. Sahoo, Member, CCI
  • Rajeev Kher, Member, COMPAT
  • Frederic Jenny, Chairman, OECD Competition Law and Policy Committee
  • Nicholas Franczyk, Federal Trade Commission, U.S.A
  • P K Sinha, Cabinet Secretary
  • Dr. Geeta Gouri, Former Member, CCI
  • Pradeep S. Mehta, Secretary General, CUTS International
  • Rajat Kathuria, Director ICRIER
  • Ramji Srinivasan, Senior. Advocate, Supreme Court of India
  • Ajay Bahl, Partner, AZB & Partners
  • Samir Gandhi, AZB & Partners
  • Anupam Sanghi, Indian Regulatory Practices Group LLP
  • Anurag Goel, Founder “Shaping Tomorrow” &Former Member CCI
  • Ashish Chandra, Corporate Counsel, Snap Deal India
  • Gautam Sinha, Director, Indian Institute of Management (IIM), Kashipur
  • John Davies, Head of Competition Division, OECD
  • Mahesh Uppal , Owner, ComFirst (India) Pvt. Limited and Telecommunications Consultant
  • Marc Reysen, co-founder, Reysen Competition Advice & Advocacy (RCAA)
  • Naval Satarawala Chopra, Partner, Shardul Amarchand Mangaldas
  • Osen Bergqvist, Deputy Head of Abuse and Vertical Restraints Unit, Swedish Competition Authority
  • Ruchit Patel, Partner, Ropes & Gray, UK
  • Dr. Seema Gaur, Economic Adviser, Office of EA, DIPP
  • William Kovacic, George Mason University, Washington, D.C.

 

 

AGENDA

 

Registration (9.00 A.M. – 9.30 A.M.)

SESSION I

(9.30 A.M. -11.00 A.M.)

 

INAUGURAL SESSION

Overview of Competition Regulation in India

This Session would provide an overview of competition regulation and its impact on markets, firms & consumers in India, through the “Report on the State of Competition Regulation & Competitiveness in India”, prepared specially for the Conference, to be released by Chief Guest & Chairman CCI. The likely impact of Competition Regulation, its reach to the people of the country and development of competition culture would be deliberated upon, as also its impact on the various dimensions of competitiveness. Lessons from experience from other jurisdictions would also be discussed.

 

Welcome Address Gautam Sinha, Director, Indian Institute of Management (IIM), Kashipur
Theme Address Anurag Goel, Founder “Shaping Tomorrow” & Former Member CCI
Report Presentation/Address Ajay Bahl, Partner, AZB & Partners
Keynote Address Frederic Jenny, Chairman, OECD Competition Law and Policy Committee
Chair Address Devender Kumar Sikri, Chairperson, CCI
Inaugural Address by Chief Guest P K Sinha, IAS, Cabinet Secretary

Tea / Coffee Break

(11:00 A.M.  – 11.20 A.M.)

SESSION II

(11.20 A.M. – 12.30 P.M.)

THEME

Analyzing & Regulating High-Tech Markets & Markets of Tomorrow: Need for New Tools?

Competition enforcement in the High Tech markets has been a great challenge all over the world. CCI has also received cases from the High Tech/E-Commerce sector like, Google, Ericsson & Flipkart. The key features of these sectors, as also of the markets of tomorrow, which will have very different platforms, processes, participants and people, will be discussed along with the implications for competition agencies and the need to develop new tools for effective regulation. The impact of technology on markets and corporate structures/strategies world-wide would provide the underpinnings for this discussion.

 

Chair Gautam Sinha, Director, IIM, Kashipur
Key Note Address John Davies, Head of Competition Division, OECD

 

Panelists Anup Vikal, CFO, Snap Deal India

 

Venkateswara Hariharan, Outreach Lead – Open Invention Network

 

Moderator Anupam Sanghi, Anupam Sanghi and Associates

 

                                   Questions and Answers
 

SESSION III

(12.30P.M. – 01.40 P.M.)

THEME

Jurisprudence Development (Anti-Competitive Agreements): Issues & Implications

This Session would discuss various issues encountered during the enforcement of anti-competitive agreements both horizontal and vertical. Key issues which have come up for consideration before the Commission will be deliberated on, like the scope of investigations by Director General – CCI, procedural requirements (principles of natural justice), parameters of imposing penalty, per se and rule of reason approaches, price parallelism and plus factors, bid rigging cases and issues of corruption versus anti-competitive agreement between bidders, etc. Different perspectives on AOD/Uni-lateral conduct in different jurisdictions, and impact of CCI/COMPAT orders on markets, firms and competitiveness would also be discussed.

Chair Sudhir Mital, Member, CCI
Key Note Address Marc Reysen, co-founder, Reysen Competition Advice & Advocacy (RCAA)
Panelists Pradeep S. Mehta, Secretary General, CUTS International
Ms. Osen Bergqvist, Deputy Head of Abuse and Vertical Restraints Unit, Swedish Competition Authority
Moderator Dr. Seema Gaur, Economic Adviser, Office of EA, DIPP*
                                        Questions and Answers
 

LUNCH BREAK

(1.40 P.M. – 2.30 P.M.)

 

SESSION IV

(2.30 P.M. – 3.40 P.M.)

 

THEME

Jurisprudence Development (Abuse of Dominance): Issues & Implications

Over its six years of enforcement, Competition Laws of India has seen severe penalties imposed for violation of Abuse of Dominant position provisions under the Competition Act. It has raised several issues beginning from the definition of relevant market, requirement and emphasis on market shares for determining dominance, lock-in of customers and abuse, predatory pricing cases, determination of cost factor, dominance of trade associations, dominance of public sector units in some markets and competitive neutrality are some of the issues which require attention from the researchers, academia and professional. Impact of CCI/COMPAT orders on markets, firms and competitiveness would also be discussed.

 

Chair S.L. Bunker, Member, CCI
Key Note Address Ramji Srinivasan, Senior. Advocate, Supreme Court of India
Panelists Nicholas Franczyk, Federal Trade Commission, U.S.A
Ruchit Patel, Partner, Ropes & Gray, UK
Moderator Samir Gandhi, AZB & Partners
 

                                        Questions and Answers

 

 

Tea / Coffee Break

(03:40 P.M.  – 04:00P.M.)

 

SESSION V

(04:00 P.M. – 5.30 P.M.)

 

 VALEDICTORY SESSION

THEME

Institutional Development : Context, Issues, Way Forward

Developments in the Indian Market, including the regulation of competition in India, are taken note of by many stakeholders world-wide. Institutional issues, particularly those relating to CCI and COMPAT, have assumed importance in this context. Credibility, accountability and effectiveness of these institutions, and the direction they give to jurisprudence development, in line with the letter and spirit of the law, would determine the impact on competitiveness & economic growth, and success of competition regulation in India. Larger institutional architecture, judicial oversight, and other relevant issues would be discussed in this session, as also the global experience in this context.

 

Chair Anurag Goel, Founder “Shaping Tomorrow” &Former Member CCI
Keynote Address Professor William Kovacic, George Mason University, Washington, D.C.
Guest of Honour Rajat Kathuria, Director ICRIER
Guest of Honour M.S. Sahoo, Member, CCI
Valedictory Address – Chief Guest Rajeev Kher, Member, COMPAT