Certificate Course in Competition Law
Transcription
Certificate Course in Competition Law
Ministry of Corporate Affairs, Govt. of India Certificate Course in Competition Law May — July 2015 School of Competition Law & Market Regulation W: www.iica.in | E: [email protected] | T: +91—124—2640016 | F: +91—124—2290167 1 “Competition law knowledge & skill is an essential tool to conduct business in today's hyper competitive world.” Dhanendra Kumar, Former Chairman CCI, Principal Advisor, IICA. About the Course The School of Competition Law and Market Regulation at IICA is pleased to announce admission in the second batch of Certificate Course in Competition Law. The first batch of the Course, having 42 participants from the Government, public & private sectors, law firms, practicing advocates, universities and colleges, was successfully conducted during October through December 2014. Because of the vibrant peer-group the course proved to be very fruitful and fulfilling. The programme was case centric, rigorous and received positive feedback from the participants. The vigorous enforcement of Competition Act 2002, along with broader market liberalisation in Indian economy has necessitated building competition law competencies amongst stakeholders. Therefore, the new enforcement regime coupled with the dynamic jurisprudence evolved cutting across varied sectors, has generated unprecedented interest amongst stakeholders at various levels including policy makers, regulators, lawyers, economists, business executives, and students. “ IICA Offers 360 degree perspective of law economics - business strategy.” Bhaskar Chatterjee Director General & CEO, IICA Inside About the course: 2 The wide ambit of the Act & the impactful orders of the commission in sectors such as cement, real estate, petroleum, pharma, entertainment, etc has not only raised competition compliance issues amongst business enterprises but also the need to embed ‘competition culture’ within the Indian Economy. Recognising the need of building capacity, IICA School of Competition Law and Market Regulation is pleased to announce a three-month Certificate Course in Competition Law which is a first of its kind course in India. For Whom?: 3 Course delivery: 4 The Course has been uniquely designed and developed after extensive consultations with industry experts, and is tailor-made to serve the requirements of select group of stakeholders. The case study method of teaching along with interactions with senior experts will help the participants in gaining applied knowledge & skills in this area. Evaluation Process: Course Coverage: 5-9 Resource Persons: 10 Admission Details: 11-12 About the School: 13 14-15 2 Key Benefits Understand fundamentals of competition law and economics Formulate business strategies in compliance with competition law Explore policy implications and interface between competition law and other laws Learn in hybrid mode: inperson and online/ virtual classes Access online classes from anywhere: all you need is your laptop and internet connection Top quality study material written by people who matter in the field of competition law Tailor-made study material for working professionals Case-based learning for understanding practical implications Taught by experts in competition law Discover new career avenues Figure out implications for your business FOR WHOM? The course is primarily targeted at candidates interested in acquiring professional knowledge and practical skills in the area of competition law. The profile of these participants is expected to be but not limited to the following: Professionals Lawyers, In-house Counsels, Economists, CA, CS, CWA. Industry Public & Private Enterprises Government Officials Officials working in Government Departments and Regulatory Authorities Students Undergraduate & Postgraduate students in Law, Economics & Business Management 3 AND HOW? - The Delivery Mechanism The unique delivery mechanism comprising online and in- person interactions offers rigorous training sessions along with ease of learning. The Live online interactive lectures would provide a classroom experience in a virtual environment. The user friendly and easy to use technology interface through LMS platform would ensure access to uninterrupted lectures and course study material prepared by eminent experts in the field. Have access to live as well as recorded lectures Study material prepared by industry experts 4 THE COURSE COVERAGE Unit One Macro Context of Market Regulation Module 1—New Paradigm of Regulation and Competition. Module One presents a detailed overview of new paradigm of regulation and competition in India. Segregated into three units, the module guides the readers through the evolution of policies and laws and Unit Two: Evolution of their impact on market structure and market conduct across India. In- dependent Regulators in India The module further provides insights into the working of the various independent Regulatory Authorities such as SEBI, CERC, TRAI, RBI within the Indian economic and regulatory system as well as the various Regulatory Acts enacted and implemented by these regula- Unit Three tors. Further, the module delves into the evolution of competition law & policy in India, which was necessitated in light of post- Evolution of liberalization market reforms impacting market structure and conduct Competition Law of the players. The module presents a comprehensive macro- and Policy in India overview of the regulatory reforms and builds foundation for subsequent modules. 5 Module 2—Legal and Economics Foundations Unit One The module throws light on the foundational aspects of law as well as economics, which will help the participants from different backgrounds in understanding and appreciating the contours of competi- Fundamentals of Law tion law in a comprehensive manner. The module lays the foundation for subsequent module on competition law in India. Unit Two While the competition law is a subset of the concept ‘law’, Corporate Laws in competition law is unique in the sense that it involves key concepts India of ‘economics’ like market, demand, substitutability etc. Hence understanding of this interface is indispensable. Further the module highlights the interface of competition law with Unit Three other laws such as the constitutional law, law of contracts and other Fundamentals of corporate laws. The module will build robust foundations to appreci- Economics ate how competition law is informed by other laws. 6 Module 3 Unit One Competition Law in India The module comprehensively covers the substantive and procedural law. Apart from dealing with the main provisions i.e. Section 3 (Anticompetitive Agreements), Section 4 ( Abuse of Dominant Position), and Section 5 & 6 (Regulation of Combinations) the module will also discuss the important jurisprudence that has evolved in few years of competition law enforcement in the country. Driven by case studies, the module will expose the participants to finer appreciation of the competition concepts as re- Substantive Competition Law Unit Two Investigation and Procedural techniques in Competition Law flected through the jurisprudence so far. Unit Three The module will impart practice-oriented knowledge and skills pertaining investigations procedures and techniques to take part either as an in-house or external counsel. For the benefits of enti- Creating voluntary self compliance ties which need to comply with the law, the module offers deep understanding and application of how to set up an effective compliance mechanism. 7 MODULE DELIVERY The Course will be conducted through live virtual classes as well as in- Ease of virtual learning through seamless technology person classes. Schedule and Location of in-person Classes: Total five days of rigorous in-person interactions are scheduled for the participants. Two days in the month of May 2015 and three days in the month of July 2015 are scheduled for in-person interactions. The in-person interaction will be held at a Experience rigour with centrally located place in New Delhi. (Other locations may be considered depending upon number of participants). Timings for Virtual Classes: Virtual classes can be attended from anywhere with a help of a computer, laptop, phone and internet connection. ease of learning from These are likely to be scheduled Saturdays for the convenience of all participants. A tentative class schedule for the Certificate Course in Com- anywhere & everywhere petition Law 2015 is give below: 8 In-Person Classes: May Virtual Classes: May-June-July DATE & DAY TIME MODULE/UNIT 28th May, 2015 Thursday Session 1: 9.30 AM – 10.30 AM Module 1 New Paradigm of Regulation and Competition 29st May, 2015 Friday Session 2: 11.30 AM – 01.30 PM Session 3: 2.00 PM to 4.00 PM Session 4: 4.00 PM – 6.00 PM Session 1: 9.30 AM – 11.30 AM Session 2: 11.30AM – 1.30 PM Session 3: 2.00 PM to 4.00 PM Session 4: 4.00 – 6.00 PM Module 2: Legal and Economics Foundations Module 3: Competition law in India In-Person Classes: July 29th July, 2015 Wednesday 30th July, 2015 Thursday 31st July 2015 Friday Session 9: 9.30 AM – 11.30 AM Session 10: 11.30AM – 1.30 PM Session 11: 2.00 PM to 4.00 PM Session 12: 4.00 – 6.00 PM Session 13: 9.30 AM – 11.30 AM Session 14: 11.30AM – 1.30 PM Session 15: 2.00 PM to 4.00 PM Session 16: 4.00 – 6.00 PM Session 17: 9.30 – 11.30 AM Session 18: 11.30 AM – 1.30 PM 2.30 - 4.30 PM Case Studies and Interactive Sessions Case Studies and Interactive Sessions Case Studies and Interactive Sessions Examination TEACHING METHOD DATE & DAY TIME Learning Management System 2 May, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 9 May, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 16 May, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 23 May, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 6 June, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 13 June, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 20 June, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 27 June, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 4 July, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 11 July, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 18 July, 2015 Saturday 10.00 AM to 12.00 NOON Learning Management System 25 July, 2015 Saturday 10.00 AM to 12.00 NOON 9 Mr. Dhanendra Mr.Rahul Kumar, Principal Sarin, Member, Advisor, IICA COMPAT Mr.PK. Purwar, Director MTNL Mr.Sandeep Verma, Director, Ministry of Defence Mr. Amitabh Kumar, Partner, JSA Mr.Karan Singh Head, Chandhiok, Chandhiok & Associates Dr. Niraj GupDr Garima ta, Associate Dadhich, AsProfessor, sistant ProfesSchool of Cor- sor, School of porate GovernCorporate ance, IICA Governance, IICA Dr.Geeta Gouri, Former Member, CCI Mr. R. Prasad, Former Member, CCI Mr. PN. Prashar, Former Member, CCI Justice S.N Dhingra, Former Member, CCI Mr. Rajsekhar Reddy, Director General, CCI Dr. Seema Gaur, Advisor, CCI Mr. Manas Chaudhary, Partner, Khaitan Co. Mr.G.R.Bhatia, Partner, Luthra & Luthra Law offices Mr.Samir Gandhi, Partner, AZB Partners Mr. Suhail Nathani, Partner, ELP Partners. Mr. KK Sharma, Partner KK Sharma Law offices Ms.Shweta Shroff, Partner, Amarchand Mangaldas Mr.Devdas Mr.Deepak Mr.Rahul Dr. Geeta Baliga, Maheshwari, Goel, Singh, Partner In-house Head of gov- Partner, Dhir & Genesis counsel Coco- ernment affairs Dhir associates Analytics Cola India Symantec Dr. Ram Tamara, Director, Nathan Economic Dr .Payal Malik, Advisor, CCI Sh.PK. Singh, Advisor, CCI Mr.MM Shar- Ms. Nisha Kaur ma, Partner, Uberoi, Vaish Law AsPartner, sociates Amarchand Mangaldas Dr. Harpreet Dr. Asish K Dr. Vijay Kaur, Bhattacharyya, Kumar Singh, Professor, Head of School of Associate ProNational Law Corporate Govfessor University, ernance, IICA (Designate), Delhi School of Corporate Law, IICA Dr. Ravikant Ms. Rashmi Ms. Tanvi Ms. Riti Tyagi, Dr. Pyla Nara- Dr. Navneet Sharma, Head Bhardwaj, AsRai, Senior Sharma, ConConsultant, yana Rao , School of sistant ProfesConsultant, sultant, School of Assistant ProCompetition sor, School of School of School of Competition fessor, School Competition Competition Law & Market of Corporate Law & Market Competition Regulation, Law & Market Law & Market Law & Market Regulation, Law, IICA IICA , Course Regulation, Regulation, Regulation, IICA, Course Director IICA IICA IICA Coordinator 10 KEY DATES ADMISSION DETAILS Registration: Interested individuals and sponsors can register through filling in the regis- Registration opens: 9th February 2015 tration details in the form and pay the fee through Cheque/Demand Draft/NEFT/RTGS. De- Early-bird Discount: proposed that par- tailed information about the course and registration form are available at http://iica.in/ It is All_Individual_Archives/school_of_competition_law.aspx ticipants who apply by Online Registration: Interested candidates can enroll at http://iica.in/NewRegistration.aspx 25th March, 2015 may and pay the fee online. be offered an early bird Total Fee: Rs. 36,480/- discount of 10% per KEY DETAILS Payment of fee: The admission is conditional upon payment of fee and the amount once candidate, of the course received is non-refundable. The payment of fee can be made through:- Cheque or Demand fee. Course Fee: Rs. 30000/Exam Fee: Rs 2,000/Taxes: Rs 4,480/- Draft, NEFT or RTGS. Last Date for Registration: 10th April 2015 CHEQUE/ DEMAND DRAFT: The course fee can be paid by sending a cheque/demand draft in favour of “Indian Institute of Corporate Affairs”. Total Fee: Rs 36,480/- (Or Ru- NEFT: The course fee can also be paid through NEFT/RTGS. Following are the details for pees Thirty Six Thousand Four Hundred and Eighty only) S.NO PARTICULARS DETAILS Payment of fee in Installments For individual candidates, who wish to opt for payment of fee in installments can do so in two equal installments of Rs 18,240 (Rupees Eighteen Thousand Two Hundred and Forty only) 1. Name and address of the Beneficiary. Indian Institute of Corporate Affairs 2. Account Number of Beneficiary 604810210000007 3. The 09 Digit MICR code of the Branch (as appearing on the MICR cheque) 110013052 4. IFSC Code of the Bank Branch BKID 0006048 5. Email ID of Beneficiary [email protected] 6. Contact Number +91 124-2640030 Group Discount: It is proposed that participants applying in groups of 4 or more may be offered a group discount of 10% per group, of the course fee. This discount extends till the last date of application. 11 Join the second batch and be a part of Competition Alumni, which comes with many benefits. CHEQUE/ DEMAND DRAFT: The course fee can be also paid by sending a cheque/ demand draft in favour of “Indian Institute of Corporate Affairs” payable at Manesar, Haryana. The filled in registration form must be enclosed with the demand draft and the same are to be sent to: Riti Tyagi (Course Coordinator) School of Competition Law & Market Regulation Indian Institute of Corporate Affairs (IICA) Benefits of being an Alumni are: Plot 6,7,8, Sector 5, IMT Manesar, Earn credits duly recognized in advance courses to be offered by school. Tel: 0124 –2640016/2640030, Fax 0124 2290167 Gurgaon-122052 Haryana. Email: [email protected] Facility of Payment in Instalments: Payment of course fee in instalments will be considered for Access to library resources. students and non-sponsored candidates only. The eligible course participants shall pay two equal Stay Connected with antitrust experts. instalment shall be charged in the seventh week of the Course. Requirement for post-dated Receive weekly newsletter instalments wherein the first instalments shall be charged at the time of admission and the second cheque for the second installment will be mandatory. **The course fee includes course modules, virtual classes, LMS charges, five-day in-person contact classes, examination fee and applicable taxes . 12 Certificate of Participation: The EVALUATION PROCESS Evaluation for the Certification Course shall consist of internal quiz, assignments and written examination at the participants opting not to write the examination will be awarded this certificate and will be exempted from paying examination fee. end of the Course. The total marks for the Course will be 300, which will be divided into three categories such as: Certificate of Successful Completion: After There will be a written exam at the end of the course and the schedule for the exam will be notified later on the successfully completing the prescribed academic studies and satisfying the requirements for the award of certificate including passing the written examination, this certificate will be awarded to the candidates. Special Certificates of Merit: The first three participants with highest marks will be awarded the certificate of merit. Final Written Examination consist of (Subjective & Objective): 150 marks Assignments: Participation 100 marks in Virtual and in-person contact classes: 50 marks course website. The exam will include both subjective as well as objective questions based on the sessions taught during the course. The exam will be of one hour duration. A candidate has to secure at least 50% consolidated score to pass the course. The criteria for evaluation will be on the basis of grading system such as: A= 80%+ B= 70%- 79.9% C= 60%-69.9% D= 50%-59.9% E= Fail Candidate will be allowed one more chance of repeat test to qualify the exam, in case candidate fails in an exam. However, an additional attempt may be considered in an extraordinary situation. In addition to completion of academic studies, a candidate shall have to complete the assignments on time, fulfill adequate participation in virtual and in-contact classes and score a minimum of 50% in the written examination. The Certificate will be awarded by the Indian Institute of Corporate Affairs to all the successful participants. The participant scoring A grade will be awarded with certificate of merit. 13 IICA SCHOOL OF COMPETITION LAW & MARKET REGULATION IICA Network of Schools & Centres Indian Institute of Corporate Affairs (IICA) has been established by the Ministry of Corporate School of Competition Law & Market RegAffairs, Government of India to act as think-tank and capacity building institute. The School ulation of Competition Law& Market Regulation is an integral part of the network of Schools and School of Corporate Centers at IICA, and has been established with the core objective of meeting the capacity Governance & Public Policy building needs in the area of competition law and market regulation. The School conducts School of Corporate Law long term and short term courses for training of various stakeholders such as officials of minSchool of Finance istries, government departments, regulatory bodies, public and privates sector enterprises, students and other practitioners of competition law. The School also provides policy assistance to various Ministries and government departments Center for Business Innovation and IT Services on issues relating to competition policy, competition law and market regulation. Another func- Center for E-Governance tional area of the School relates to performing research and advisory assistance to public and Center for Institutional Partnerships & Corporate Communications private sector enterprises. The vision of the School is dedicated towards creation of ‘competition culture’ among the market participants through augmenting competition awareness and understanding. This shall Center for Responsible Corporate Governance Center for Small & Medium Enterprises lead to improved compliance among stakeholders, thereby facilitating greater competitiveness. 14 Our Specialized Courses Conducted in the Recent Past Seminar on High-Tech Industries and Antitrust Analysis, 3rd March, 2015 Certificate Course in Competition Law, October - December, 2014 Training Workshop on Designing the Antitrust and Merger Remedies, 3rd December, 2014 Roundtable on Competition Investigations & Merger Review in the Healthcare Industry, 25th September, 2014 Antitrust Summer School 2014, 1st-5th July, 2014 Training workshop on Competition Law & High-Tech Markets, December 20, 2013 Two-day Residential Training Course on Regulation and Competition for Telecom Sector, 18 – 19 November, 2013 Roundtable on Petroleum & Natural Gas Regulatory Framework on the Anvil of Competition Law on November 16, 2013, for officers of the Ministry of Petroleum and Natural Gas Two-day Residential Training Course for Public Sector Oil Marketing Companies (OMCs), August 2-3, 2013; Roundtable on Infusion of Competition in Indian Economy, 12 th March 2013; IICA – CCI – OECD Two-day Training Course on Competition Assessment, 22-23 January, 2013 15