Blended LL.M. in Corporate & Financial Law

INTERNAL ASSIGNMENT 1

35 MARKS

Please read the CCI order mentioned below carefully and answer the questions that follow based on (i) your reading of the order, (ii) your understanding of modules 1,2,3,4 and 7 through the video lectures and live sessions and (iii) any additional research. Please note that all questions draw a connection between something stated in the order and the content of the course. You are required to answer the questions in your own words rather than copying from the order. You are required to give reasons for your answers. This question paper has two parts. Please answer one question from each of Part A and Part B.

Case: C Shanmugam v Reliance Jio Infocomm Ltd. (Case No. 98 of 2016)

Link to download the order: https://cci.gov.in/antitrust/orders/details/333/0

Grading:

  • You will be graded on clarity and soundness of your understanding of the concepts of the course and the content of the order, your ability to connect the question to the content of the lectures, identification of issues, the quality of your research and writing, your presentation and writing style.
  • This work must be done by you individually. Grades will be deducted by the instructors at their discretion if they feel that the submissions indicate a similarity between two or more submissions indicating any level of collusion or discussion between them. The instructors’ decision in this matter will be final and determinative.
  • Grades will be deducted for plagiarism, in any form.
  • Grades will be deducted for exceeding the word limit by more than 300 words.
  • Ensure that you are familiar with the relevant modules of the course.

Questions

PART A

 

Answer any ONE of the following questions (25 marks, approximately 1000 words)

 

  1. According to the informants why did the free services offered by Reliance Jio contravene the Competition Act? Why did the CCI disagree with the informants? Do you agree with the CCI’s decision in this case? Give reasons for your answer.

 

OR

 

  1. What is the relevance of dominance for the contravention of section 4? Why did the CCI find that Jio was not dominant in this case? What factors did the CCI take into account when assessing Jio’s dominance in this case? What role does market share play in assessing dominance?

PART B

Answer any ONE of the following questions (10 marks, approximately 400 words)

  1. This case is connected to the telecom market.
  2. How would you classify the market as it was at the time of this case: a) monopoly, b) oligopoly or c) perfect competition?
  3. What are barriers to entry? Would you say that barriers to entry are high in this market?
  4. Has the structure of the telecom market changed since the time of the order? If so, how? How would you classify the telecom market now?

Give reasons for your answers.

OR

  1. How was the market defined by the CCI in this case?
  2. Did the CCI agree with the Informant’s market definition?
  3. Describe the tests used to define the relevant product market and relevant geographic market in the Competition Act.

Give reasons for your answer.