THE TENTH NLU ANTITRUST LAW MOOT COURT COMPETITION, 2019 National Law University, Jodhpur In association with Khaitan & Co and The Competition Commission of India KNOWLEDGE & RESEARCH PARTNERS COMPETITION BRIEF THE TENTH NLU ANTITRUST LAW MOOT COURT COMPETITION, 2019 National Law University, Jodhpur INDEX Message from the Hon’ble Vice Chancellor ....................................................................................................................... 2 About National Law University, Jodhpur ........................................................................................................................... 3 About the NLU Antitrust Law Moot Court Competition ............................................................................................... 3 About Competition Commission of India .......................................................................................................................... 4 About Khaitan & Co. ............................................................................................................................................................. 4 About Eastern Book Company & SCC Online ................................................................................................................. 4 Institutions Participating in the Ninth NLU Antitrust Law Moot Court Competition ............................................... 5 Judges of the Competition ..................................................................................................................................................... 6 Schedule of the Competition .............................................................................................................................................. 15 About the Moot Court Committee .................................................................................................................................... 16 Contact Persons .................................................................................................................................................................... 17 Competition Venue .............................................................................................................................................................. 17 1 THE TENTH NLU ANTITRUST LAW MOOT COURT COMPETITION, 2019 National Law University, Jodhpur MESSAGE FROM THE HON’BLE VICE CHANCELLOR Mooting is a fundamental component of the teaching pedagogy delivering a holistic approach to learn the law, imparting quality legal education, aiming at acquisition of efficient lawyering skills involving an intricate blend of knowledge of legal principles on the substantive side with equal emphasis on argumentative dexterity, alert and instant responses and adherence to technical procedural formalities. It trains a student on how to find the relevant law, develops abstract thinking and facilitates in understanding the legal issues. Moot court competitions provide students a valuable opportunity to hone both their written and oral advocacy skills in this competitive field, inculcating in them the need for effective presentation of facts, patient hearing to pointed yet tedious questions from the learned judges, with a polished and appropriate behaviour that is both humble, and rich in manners yet displaying a firm and a confident demeanour. The University has consistently acknowledged the importance of mooting as a critical component of legal education. One of the significant contributions of National Law University, Jodhpur in the important zone of moot court competitions has been not only extensive participation and displaying excellence in mooting at both national and international levels, but also hosting its flagship ‘Antitrust Moot Court Competition’. Running into its tenth year, it provides an efficacious platform to the student fraternity from various law schools across the country to demonstrate their talent and further polish their mooting aptitude by allowing them to argue before expert practitioners and academicians, including judges from the Competition Commission of India and Khaitan & Co. The thematic content is undeniably of vast importance worldwide as also specifically at the domestic front. With mergers and acquisitions becoming an integral and a popular trait in the global scenario having extensive economic ramifications right from the nineteenth century, its understanding and the focus on other anti-competitive agreements has become an important facet of an ever emerging jurisprudence of competition law. In conformity with the Indian constitutional goals of prevention of concentration of economic power in the hands of few to the common detriment, antitrust legislations aim at maintaining a healthy balance between the freedom to carry a business and trade on one hand and its control through prevention of antitrust and anti-competitive practices on the other hand. I congratulate the entire team of NLU Jodhpur in their endeavour to organise the Tenth NLU Antitrust Law Moot Court Competition, 2019 and wish all the best to the participating teams. I hope the competition would be rich in talent, poignant with appropriate behaviour, with resulting comradeship and the bonding of ties not merely amongst the participating teams but also of the institutions they represent. -Hon’ble Prof. Poonam Saxena 2 THE TENTH NLU ANTITRUST LAW MOOT COURT COMPETITION, 2019 National Law University, Jodhpur ABOUT NATIONAL LAW UNIVERSITY, JODHPUR National Law University, Jodhpur (“University”) is an eminent institution, contributing to the advancement of learning, teaching, research and dissemination of knowledge in the field of law. The University has developed a holistic approach towards understanding law and justice from a multi-disciplinary perspective. The University offers unique five year integrated undergraduate programs i.e. B.B.A., LL.B. (Hons.) and B.A., LL.B. (Hons.) to generate especially skilled global legal professionals. It endeavors to develop skills in research, advocacy, judicial and other legal services, as well as instill a deep sense of social responsibility in students. The University is committed to the advancement of knowledge and learning and is striving to become a centre for excellence in legal studies. It is dedicated to churning out committed lawyers with highest academic and professional standards and producing top quality legal scholarship. The University attributes great importance to moot court competitions and employs them as a tool of learning. It encourages both the participation in, and the organization of, moot court competitions and enjoys a stellar reputation for its impeccable hospitality and management capabilities. As an initiative to promote co-curricular and extra-curricular activities, the University has been organizing NH-65, an inter-university academic and cultural fest and Yuvardha, an inter-university sports fest, apart from the NLU Antitrust Law Moot Court Competition. ABOUT THE NLU ANTITRUST LAW MOOT COURT COMPETITION The NLU Antitrust Law Moot Court Competition (“Moot”) is the flagship moot court competition of National Law University Jodhpur, an initiative conceived to generate interest in competition law amongst law students across the nation. Participation in the Moot entails engaging in research on contemporary issues pertaining to competition law and pleading a hypothetical dispute before the appropriate forum. The NLU Antitrust Law Moot Court Competition is the first moot court competition in India in the area of competition law. The University has successfully organized nine previous editions of the Moot. The present edition of the Moot, which is being organized and hosted by the University under the patronage of the Competition Commission of India and in association with Khaitan & Co, has participants representing 38 law schools. As competition law is a unique and niche area of law, the Moot is considered as one of the most prestigious and coveted moot court competitions in India. 3 THE TENTH NLU ANTITRUST LAW MOOT COURT COMPETITION, 2019 National Law University, Jodhpur ABOUT COMPETITION COMMISSION OF INDIA The Competition Commission of India has been established in order to regulate competition in the market, to prevent any adverse effects to the consumers, and to promote economic growth in the country. One of its mandates is to partake in efforts with various stake holders to promote competition advocacy, create public awareness and impart training on issues pertaining to competition law. The Competition Commission of India, as part of its competition law advocacy initiatives, has associated itself with National Law University, Jodhpur in the organization of the NLU Antitrust Law Moot Court Competition. The Commission’s support has been unwavering since the inception of the Moot in 2010. This association has created awareness of the work profile of the Competition Commission of India amongst students of various law schools across the country. ABOUT KHAITAN & CO Khaitan & Co (“The Firm”) is one of India’s oldest and largest Indian law firms. Founded in 1911, the firm combines a rich heritage of over a hundred years with a modern and cutting-edge practice. The Firm’s mission is to enable business by providing full service legal solutions to their domestic and international clients by understanding and anticipating their legal needs and providing them with pragmatic and commercial solutions. The Firm is known globally for its exceptional Competition/Antitrust, Banking & Finance,