An Introduction to Competition Law: Principles And Practice

The School of Law organized a guest lecture on “An Introduction to Competition Law: Principles and Practice” delivered by Kauser Husain, Advocate at the Supreme Court of India. The session was designed to introduce students to the foundational framework of Competition Law in India and to provide practical insights into its enforcement mechanisms, regulatory philosophy, and growing significance in corporate and commercial litigation. The lecture aimed to bridge doctrinal understanding with contemporary market realities and judicial practice. Adv. Husain began by outlining the objectives of the Competition Act, 2002, emphasizing its role in preventing practices having an adverse effect on competition, promoting and sustaining competition in markets, protecting consumer interests, and ensuring freedom of trade. He explained the economic rationale underpinning competition regulation, highlighting how competitive markets foster innovation, efficiency, and consumer welfare. 

The lecture then examined key substantive provisions under the Act. Section 3 of the Competition Act, dealing with anti-competitive agreements, was discussed in detail, including horizontal agreements such as cartels and bid-rigging, and vertical agreements such as exclusive supply and tie-in arrangements. In this context, reference was made to the landmark decision in Excel Crop Care Limited case, where the Supreme Court clarified principles relating to cartelization and penalty computation. The concept of appreciable adverse effect on competition (AAEC) was explained as the central test under Section 3. 

The session further explored Section 4 of the Act, which prohibits abuse of dominant position. Adv. Husain discussed how dominance per se is not prohibited, but its abuse is actionable. He referred to Competition Commission of India v. Bharti Airtel Limited, where the Supreme Court examined the interplay between sectoral regulators and the Competition Commission of India (CCI), highlighting jurisdictional nuances. 

The discussion also touched upon issues such as predatory pricing, denial of market access, and leveraging dominance in digital markets. Regulation of combinations under Sections 5 and 6 of the Act, dealing with mergers and acquisitions, formed another important component of the lecture. Students were introduced to the concept of “combination thresholds,” mandatory notification requirements, and the CCI’s power to approve, modify, or block transactions likely to cause AAEC. The institutional framework and investigative powers of the Competition Commission of India were also explained, including the role of the Director General in conducting investigations under Section 26. 

Adv. Husain enriched the discussion by sharing courtroom experiences relating to competition litigation, enforcement trends, and compliance challenges faced by corporations. Particular emphasis was placed on emerging concerns in digital markets, platform dominance, and data-driven market power, underscoring the evolving nature of competition jurisprudence in India. The interactive session encouraged students to critically analyze market behavior, regulatory oversight, and strategic compliance mechanisms. Overall, the lecture significantly enhanced students’ understanding of Competition Law as a dynamic intersection of law and economics. The event contributed meaningfully to academic enrichment, experiential learning, and strengthening industry-academia engagement in alignment with institutional quality objectives and professional readiness.