The Indian Institute of Corporate Affairs conducted a five-day residential training programme on anti-trust law in partnership with the Competition Commission of India between the 1st-5th of July 2014 at the IICA Manesar campus. The theme of the year being “Five Years of Antitrust Law Enforcement in India”. A precursor to the training was a nationwide essay competition on the aspects of anti-trust in which 56 entries were received from students and 5 winners including three cash bearing prizes were selected by an eminent panel of jurists.

Conceptualised to explore the interplay between economy, markets and competition and the impact on the common man, as well as to familiarise legal practitioners, law students, researchers and members of the corporate entities with the Competition Act, the programme-a first of its kind in India, saw participation of 40 participants guided and informed by an equal number of faculty members and speakers from the legal and commercial world as well as the CCI. A unique feature of the training was the online participation of premier faculty from institutions overseas in the dissemination of the content.

Justice VS Sirpurkar, Chairperson, Competition Appellate Tribunal (COMPAT) and Chief Guest at the valedictory function held forth at length on the need for systemic changes across the board to give teeth to the Competition Act and energise its application and implementation. “We need to make a concerted effort at advocacy, orient the PSU executives towards the principles of competition and create rules in consonance with Indian requirements keeping global practices as guidelines alone,” he said.

Shri M F Farooqui, former Secretary, Telecommunication, highlighted the challenges facing the conceptualisation, construction and implementation of competition law in the country. He spoke of the interplay of law, market, economy, technology and globalisation and said that competition law meant drawing the right balance between these forces. Speaking of what drives competition Shri Farooqui said, “Technology power and the power of innovation are the two greatest aspects of competition. We need to look into the jurisdictional issues in view of the globalisation of markets and what it means in terms of competition to individuals, companies and the nation. If we can have a law that transcends the market, economy and technological challenges, we will have the benefits that the competition law seeks to provide to the common man.”

Dr Bhaskar Chatterjee, DG and CEO IICA who presided over the function spoke of the need of participation of individuals across the spectrum in the act of advocacy and dissemination, laying emphasis on the fact that young minds need to be sensitised to the issues, challenges and limitations of competition law in order to make the common man aware of the impact and need for it. Speaking of the role of IICA he said, “The spectral difference between the challenges and the limitations of implementing competition law make the role of IICA as the repository that captures the horizon of thought and disseminates and advocates for it an important one. We shall ensure our commitment remains at the heart of these principles.”

Shri Dhanendra Kumar, former Chairperson CCI and advisor to the School of Competition Law and Market Regulation spoke of the need for the creation of a competition culture and the imbibing in the DNA of companies, saying also that the workshop was a significant move towards capacity building of practitioners, researchers and students on the issues, over view and jurisprudence of the competition law.

Dr Navneet Sharma, Head, School of Competition Law and Market Regulation, IICA, was the Director of the program and conducted the entire five-day workshop along with his team at the IICA.

The workshop explored the major aspects of competition and the Competition Act including Understanding the substantive and procedural aspects of Competition Law, International Cooperation in Competition Law, by Dr. Seema Gaur, Advisor (International Division), CCI and CCI, Investigations under Competition Act; by Mr. Raja Sekhar Reddy, DG, CCI among others. All participants were awarded certificates during the function.

Competition law reform urging systemic changes, advocacy, and capacity building to strengthen enforcement and compliance. Systemic changes are required to strengthen the Competition Act through sustained advocacy, orienting public sector undertakings to competition principles, and framing rules suited to Indian needs while using global practices as guidance. Addressing jurisdictional and technological challenges from globalised markets and balancing market forces with innovation are essential. Capacity building-via training, sensitisation of young professionals, and fostering a competition culture-and focused familiarity with substantive and procedural law, international cooperation, and investigations are proposed to energise enforcement.