Class Roll No. Mid Term Examination, September 2017 B.A.LL.B. (HONS.) SEMESTER VII IX Competition Law (Opt.) Max. Marks: 20 Max. Time: 1:30 Hrs. Note: Answer any TWO questions out of three. The number of marks carried by a question/ part is indicated against it.
1. A complaint was filed in 2016 by Mumbai-based Next Radio Ltd., which provides FM radio broadcasting services. In this case the Commission observed that Prasar Bharti (Opposite Party No. is an enterprise as it is engaged in the services of providing infrastructure facilities to FM radio broadcasters on the basis of payment of a license fee which is a commercial activity that squarely fall under the definition of 'enterprise' in terms of Section of the Competition Act, 2002. As far as the function of Ministry of Information and Broadcasting (Opposite Party No. is concerned, the Commission observed that it is a nodal Ministry for Information and Broadcasting of the Government of India and is inter alia engaged in the formulation of guidelines, regulations and policies for those matter incidental and ancillary to the information and broadcasting sector in India. These activities, when considered holistically, cannot be said to be commercial in nature and hence, does not fall under the definition of 'enterprise' as defined under Section of the Act. In the light of abovementioned Commission's observation, discuss in detail the definition of an 'enterprise' under the Competition Act, 2002. Vilfredo Pareto (1848-1923), the Italian economist who first proposed the concept of Pareto Efficiency. Discuss the said concept on the basis of classroom discussions. (Marks
2. (a)What do you mean "bid rigging" under the Competition Act, 2002. Discuss the different types of "bid rigging" and their impact on competition. (b)Section 3 of the Competition Act, 2002 provides that "No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India". Discuss in detail the relevance of section with reference to section of the Competition Act, 2002. (Marks
3. Discuss in detail the concept of Cartelization. Also discuss the various types of cartels and the legal framework provided under the Competition Act, 2002 to regulate it. (Marks 10)