The Centre for Competition Law and Market Studies of Institute of Law, Nirma University organised the ILNU Antitrust Conference 2024 on the 23rd of February, 2024 in collaboration with the MCC(O) and NILSAA. Hemangini Dadwal, Partner at AZB & Partners, Meghna Bal, Head of Research at Esya Centre, Mohith Gauri, Partner at AZB & Partners, Manu Chaturvedi, Independent Practitioner, Saksham Malik, Senior Programme Manager at The Dialogue, Raveena Sethia, Senior Associate at Shardul Amarchand Mangaldas, Navneet Sharma, Director at CIRC, Smita Andrews, Former Competition Counsel at Google, Modhulika Bose, Counsel at P&A Law Offices, and Ravi Gangal, Senior Associate at Axiom5 Law Chambers were the esteemed panelists at the event.
The themes for the panel discussions, based on contemporary issues in the competition law domain, were:
Analysing the Settlement and Commitment Regime
In April 2023, the Indian Parliament passed the Competition Amendment Act, 2023 to amend the Competition Act, 2002. One of the most significant amendments was the introduction of two new enforcement mechanisms, that is settlements and commitments. These mechanisms are intended to benefit the consumers and the economy at large, and also save up the time and resources of the CCI. In this background, the first panel discussion was on ‘Analysing the Settlement and Commitment Regime’.
Effects-based vs. Form-based determination of Abuse of Dominance
The tests for determination of Abuse of dominance are either presumption or form-based, or they are effects-based – i.e. using economic techniques to determine the effect of the conduct. At present, the law does not require CCI to establish ‘actual effects’ of the anti-competitive conduct of dominant undertakings. However, the latest opinion of the NCLAT favoured the usage of the effects analysis for proving whether the abusive conduct is anti-competitive or not. In this background, the second panel discussion was on effects-based vs. form-based analysis of the abuse of Dominance.
Interface of AI and Competition Law
The intersection of AI and competition law presents complex challenges at the nexus of innovation and market regulation. As AI technologies evolve, it becomes imperative to ensure a balance between the pro-competitive effects of AI-driven efficiencies and the ensuing anti-competitive effects. In this background, the third panel discussion was on ‘Interface of AI and Competition Law’.
In addition to the panelists, the conference was graced by the presence of Dr. Upendra Baxi. Dr. Baxi is a legal scholar, and a professor of law in development at the University of Warwick, United Kingdom. He is presently a Research Professor of Law and a Distinguished Scholar in Public Law and Jurisprudence at the Jindal Global Law School. He has been the vice-chancellor of the University of Delhi, before which he held the position of professor of law at the same university for 23 years. He has also served as the vice-chancellor of the University of South Gujarat, Surat, India. The event was elevated with his contribution to the panel discussions.
In addition, the conference witnessed a participation of 150 attendees, including students from various law schools across India. The event was also attended by the judges of the XIII ILNU Antitrust Moot Court Competition 2024.
Prof. (Dr.) Madhuri Parikh- Dean and Director (I/c), at the institute shared that this conference has served as a dynamic platform for the exchange of innovative ideas, diverse perspectives, and ground-breaking research across various disciplines. The collaborative spirit and intellectual energy displayed by participants have undoubtedly contributed to the advancement of knowledge in our respective fields. Dr. Nikita Koradia Head – Centre for Competition Law and Market Study was the coordinator at the event.