Training Course: Competition Law
Objectives :
The objectives of the course include as follows:

To enhance knowledge on concept of competition law.

To be familiar with anticompetitive practices and agreements.

To know the enforcement of the competition law.

To update on possible solution
Session Main Topics
Session- 1
Session-2
Session-3
Introduction of
Competition
Law
Anti competitive practices
Anti-
Competitive
Agreements
Sub Topics

Economic background of competition law

Definition of Market- Relevant of Market; product and geographical

Market Share

Barriers to entry

Predatory pricing

Abuse of dominance
 Refusal to supply
 Various forms of contracts
 Unfair prices or other conditions
 Tying practices
 Essential facilities
 Discrimination
 Market Division

Brand competition

Deep pockets- predatory pricing

Upstream and downstream dominance

Cartel (Public and private) syndicate

Home and Host country strategy

De-minis rule/Exemption

Mergers, agreement or acquisition- horizontal; vertical; conglomerate; Intellectual Property Rights

Collusion o Price fixation o Market allocation o Output restriction o Bid-rigging o Tie -in arrangement o Exclusive-dealing arrangement o Territorial allocation between supplier and dealer o Misleading advertisement or false representation

Decisions of Associations of Undertaking

Concerted practices

Restrictions of competitions
Session-4
Session-5
State Aid
Enforcement of
Competition


State Aid
Enforcement of Competition Law

Law
Session-6
Possible
Solution

Liberalizing Market

Access Regulation

Price regulation

Unbundling

Fair Procurement Procedure

Federal Cartel/Competition Commission

Strong Regulatory Authority

Harmonization Competition Law across the Region
Session-7
Comparative
Study of
Competition
Law

Nepal

South Asia

European Union and Global Context
Session-8
Session-9
Case Studies
Court
Decissions

Nepalese Banking Financial Institution’s Merging Initiatives by BFIs and role of Nepal Rastra Bank (NRB) and Merging between Banks
National

Pro-Public v Nepal Drinking Water Corporation (D)

Radhe Shyam Adhikari v Nepal Telecom

Jyoti Baniya v Nepal Electricity Authority

Nepal Consumer Rights Forum v Federation of Nepal
National Transport Entrepreneurs (FNNTE)
International


EC v Microsoft

27/76 United v European Commission (1978) (C,D); ECJ
Sh. Neeraj Malhotra, Advocate v Deustche Post Bank Home
Finance Limited (Deustche Bank) etc (2010) (D)

Merger Failure Case of US at&t and T Mobile (2011)
References
Table of Legislations

Amount and Government Contract Management Act, 1963

Animal Health and Livestock Services Act 1999

Arthik Prashashan Sambandhi Niyamabali 2056

Bank and Financial Institutions Act 2006

Bills; Drinking Water Management Board Bills, Drinking Water Fee Evaluation
Commission Bills, Health Bills, Electricity Bills.

Black Marketing and Some Social Crimes and Punishment Act 1975

Citizen Investment Fund Act, 1991

Civil Aviation Authority of Nepal Act 1996

Company Act 2006

Competition Promotion and Market Protection Act, 2007

Competition Promotion and Market Protection Rules, 2010

Consumer Protection Act 1998

Consumer Protection Rules, 1999

Cooperative Act 1992


Drug Act, 1978

Education Act, 1971

Electricity Act 1992

Essential Commodities Control (Authorization) Act 2004

Feed Act 1976

Food Act 1966

Foreign Investment Prohibition Act 1964

Income Tax Act 2002

Industrial Enterprises Act, 1992

Insurance Act 1992

Insurance Act, 1968

Intellectual Property Rights Act 1992

Interim Constitution of Nepal 2007

Iodized Salt (Production, Sales and Distributions) Act 1999

Labour Act 1992

Local Administration Act, 1971

Mines and Minerals Act 1985

Mother’s Milk Substitutes (Control of Sale and Distribution) Act 1992

Motor Vehicle and Transport Management Act, 1993

Nepal Electricity Authority Act 1984

Nepal Petroleum Act 1983

Nepal Rastra Bank Act 2002

Nepal Standard (Certification Mark) Act 1980

Nepal Standard Measurement and Weight Act 1998

Patent, Design and Trademark Act 1965

Postal Act 1963

Privatization Act 1994


Rastriya Prashasan Niyamabali 2052

Royal Nepal Airlines Corporation Act, 1963

Slaughter House and Meat Checking Act 1999
Telecommunication Act 1997