DR.
RAM MANOHAR LOHIYA NATIONAL
LAW UNIVERSITY
11TH RMLNLU INTERNATIONAL LEGAL ESSAY WRITING
COMPETITION ON COMPETITION LAW
RILEC | 1
INTRODUCTION
The Journal Committee ("Committee") at Dr. Ram Manohar Lohiya National Law
University, Lucknow is organising the 11th edition of the RMLNLU International Legal
Essay Writing Competition ("RILEC") along with the RMLNLU - Conference on
Competition Law.
ABOUT RILEC
Since its inception in 2013, RILEC has expanded to greater horizons and today it is an
internationally anticipated event. Every year, the Committee labours to promote legal
scholarship. We provide intellectually challenging and contemporarily relevant themes for
the legal fraternity to research and write on. During the course of our journey, we have
covered numerous themes of law ranging from International Trade Law to Financial
Regulatory Laws. For the 9th edition, the Committee invited submissions on Labour and
Employment Laws and collaborated with Khaitan & Co. RMLNLU International Legal
Essay Writing Competition 2023 was the 10th edition of RMLNLU’s flagship essay writing
event conducted in collaboration with Nishith Desai Associates. The competition had
Intellectual Property Rights and Technology Law as its main theme along with various sub-
themes which covered a wide-ranging issues of contemporary relevance. After receiving
numerous outstanding entries and conducting an intensive review procedure, the top 3
teams were invited to present their essays in front of a panel from Nishith Desai Associates.
The competition augmented the knowledge of many and was successful in its endeavour.
Thus, the intention behind organising such an event paid off in the form of increased acuity
in the particular field of law and the exploration of fresh perspectives with respect to the
various sub-themes.
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ABOUT RMLNLU
Dr. Ram Manohar Lohiya National Law
University was established in 2006 to
match the new challenges in the legal field
and to strengthen the vision that was
given by the establishment of the first
National Law School in the country. The
University is committed to providing
excellent infrastructural facilities and an environment to advance and disseminate learning
and knowledge of the law and legal processes. The University aims to develop in students
and research scholars, a sense of responsibility to serve society in the field of law by
developing skills in advocacy and legal writing.
ABOUT THE JOURNAL COMMITTEE
The Journal Committee has been constituted with
the objective of promoting legal research and
writing. The RMLNLU Law Review is the annual
peer-reviewed law journal of the committee which
runs parallel to the RMLNLU Journal on CMET
(Communication, Media, Entertainment, and Technology) Law. Both these journals publish
articles, essays, case notes/comments, and book reviews from contributors all over the world.
To encourage legal research writing in the field of law, the Committee also organises the Dr.
RMLNLU International Legal Essay Writing Competition, inviting entries on specific
themes. The RMLNLU Law Review Blog is another such initiative of the Committee which
provides a platform for people in the field to express their opinions on contemporary legal
issues.
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ABOUT KHAITAN & CO
Khaitan & Co is a top tier and full-service law
firm with over 1000 legal professionals,
including 240 Partners and Counsel, and
presence in India and Singapore. With more
than a century of experience in practicing law,
we offer end-to-end legal solutions in diverse
practice areas to our clients across the world.
We have a team of highly motivated and
dynamic professionals delivering outstanding
client service and expert legal advice across a wide gamut of sectors and industries.
The firm’s expertise in its practice areas has been widely recognised by various
leading international rankings and publications including Chambers and Partners,
Legal 500, IFLR 1000, WWL, Benchmark Litigation and Asialaw Leading Lawyers.
Additionally, the Competition law team offers unrivalled expertise on competition
law matters, which stems from a strong understanding of the Indian business
environment and pragmatic commercial considerations. The Firm has been
recognized for its impeccable work in the field of Competition Law through
various awards. Recently, it was recently conferred with the IBLJ Best Overall Law
Firms 2023 in Competition Law Area, Global Competition Review 100 -2023
(Highly Recommended Practice), Benchmark Litigation Asia Pacific - Ranked as
Tier I Law Firm 2023, and Legal 500 Asia Pacific Tier I Law Firm 2023.
To know more about our Firm, visit www.khaitanco.com
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THEMES AND SUB-THEMES
This year the Committee is inviting original submissions from authors in the form of essays
falling within the indicated contours of the theme of the offline conference - “Competition
Law”. The list of the indicated sub-themes is given below to aid the participants:
1. Assessing the Efficacy of Deal Value
The 21st century came with a plethora of challenges and opportunities. There has been a
constant uptick in the technological sphere with new start-ups coming up. This has posed a
challenge to the regulatory authorities around the world to protect these companies and the
market from killer acquisitions. The concept of Deal Value Threshold (DVT) has been
introduced in various jurisdictions around the world to bring transactions, where the target
company may have significant potential in terms of data, technology, and innovation despite
having minimal assets and turnover.
In India, DVT is a new addition to the Competition Act designed to trigger a notification to
the Competition Commission of India (CCI) in specific cases. The threshold is met when
the value of a transaction exceeds INR 20 billion, and the target enterprise has substantial
business operations in India. It is understood that the DVT could significantly change the
Competition Law regime and its practice across countries, including India.
Participants could touch upon the history of DVT and its implications on the Indian
market. They can also delve into the specifics of DVT with respect to various innovative
sectors, particularly Technology & Pharmaceuticals. Furthermore, participants are free to
explore the best practices around the globe to discuss the prospects of DVT in India.
2. Balancing IPR and Competition Law
Intellectual Property Rights (IPR) and Competition Law are two distinct legal frameworks
that play significant roles in promoting innovation and fair competition. IPR refers to the
legal protections granted to creators or inventors over their original works including patents,
trademarks, copyrights, and trade secrets. These rights grant exclusive control and ownership
over the use and commercial exploitation of the protected intellectual assets, serving as
incentives for innovation and creativity.
Competition Law, on the other hand, ensures fair market competition by prohibiting anti-
competitive practices that could harm consumers or restrict competition. It aims to maintain
a level playing field for businesses, prevent monopolies or abuse of dominant market
positions, and encourage economic efficiency. The interaction between IPR and
Competition Law is vital, as the exercise of IPR can sometimes lead to anti-competitive
behaviour.
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There have been various developments in India’s policies regarding IPR and Competition
law where the Indian government has the recommendation of the Parliamentary Standing
Committee on Finance to include the IPR defence in the existing Competition Law
framework that deal with abuse of power.
Participants can explore the interplay of IPR and Competition Law in light of the existing
provisions of the Competition Act. They can also discuss the various policy measures
undertaken to safeguard such interests while maintaining fairness in the market. Lastly, the
participants can analyse the feasibility of the same along with presenting how other
jurisdictions around the globe view this interplay between IPR and Competition Law, etc.
3. Merger Control: The Introduction of the Green Channel Route
Merger control is a crucial aspect of
Competition Law that aims to prevent anti-
competitive practices and maintain market
competition. It entails scrutinising and
controlling corporate mergers and
acquisitions to prevent a significant decline in
competition or the creation of an extremely
volatile market due to the concentration of
power. The concept of Green Channel was introduced in 2019 to provide hassle-free
procedures in antitrust lawsuits pertaining to combination filings and mergers. The Green
Channel Route is an automated approval scheme that acts as a filter for certain kinds of
merger transactions or combination filings which do not pose any risk of harm to
competition regimes. Recently, CCI has approved 80 proposed combinations, and 25 were
approved through the Green Channel Route. This highlights the growing significance of
such a practice.
Participants can assess the effectiveness of green channel mechanisms in detecting and
deterring gun jumping practices and how green channel approvals may have led to anti-
competitive outcomes, such as market concentration or foreclosure of competitors.
Participants can also explore the issues and challenges that have surfaced due to the 2023
Amendment to the Competition Act, with special emphasis on some of the leading case
laws. Participants are further encouraged to carry out an analysis of the various provisions
related to the said concept and their comparison with similar mechanisms/provisions
existing in other jurisdictions.
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4. ESG Collaborations and Competition Law Concerns
Recently, the European Commission ruled that collusion among competitors in the
development of emission-cleaning technologies for new diesel passenger cars constitutes
cartelisation. The decision imposed penalties on the five colluding parties, marking the first
of its kind. This has raised concerns for companies collaborating for the greater good.
The Indian Competition Law regime lacks provisions to strengthen the framework for
Environmental, Social, and Governance (ESG) collaborations. Companies worldwide are
increasingly focusing on improving their ESG scores, and the Indian government has also
emphasised on net-zero carbon emission targets and other important CSR goals.
Collaborations like the ‘emission cleaning collusion’ will fall under CCI’s anti-competitive
assessment. CCI has not guided ESG collaborations, causing uncertainty for companies.
Harmonising ESG objectives with traditional competition law objectives may require careful
consideration to avoid conflicts or unintended consequences.
Participants can explore issues related to the applicability of cartel provisions and CCI’s anti-
competitive provisions on such collusions. They may also analyse how such applicability is
hindering social governance. They can also present a comparative analysis of similar
provisions/safeguards existing in different jurisdictions, etc.
5. MSME & Competition Law
The MSME sector in India encounters several problems related to Competition Law
enforcement. There is a significant lack of awareness among MSMEs about the Competition
Law and its implications. This knowledge gap leaves them vulnerable to unfair market
practices and limits their ability to identify and respond to anti-competitive behaviour.
Moreover, the capacity constraints pose a major challenge for MSMEs in navigating complex
competition law procedures. Limited resources and technical expertise hinder their ability to
engage in legal proceedings or lodge complaints against anti-competitive practices.
Additionally, collusive behaviour, abuse of dominance by larger firms, and inadequate
remedies tailored to the unique needs of MSMEs further exacerbate the competition-related
issues faced by this sector. Addressing these problems is crucial to create a level playing field
and foster a competitive environment for MSMEs in India.
Participants can discuss the position of MSMEs in the markets and how they are
affected/unaffected by the Competition Law regime across jurisdictions. They can also
discuss various anti-competitive market practices like bid-rigging etc. in the context of
MSMEs. They can further enquire about the applicability of cartel provisions to the
MSMEs in the current Competition Law regime in India.
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6. CCI’s jurisdictional issues
The CCI's jurisdiction has been a subject of much debate and academic discourse. In
particular, there exists a lack of clarity over the relationship between the CCI and sector-
specific regulators, such as the Telecom Regulatory Authority of India (TRAI) and the
Reserve Bank of India (RBI). The CCI has argued that it has concurrent jurisdiction with
sector-specific regulators. This means that the CCI can investigate and take action against
anti-competitive conduct, even if that conduct falls within the jurisdiction of a sector-
specific regulator. Sector-specific regulators, on the other hand, have argued that they have
exclusive jurisdiction over anti-competitive conduct in their respective sectors unless the
matter is referred to CCI. The CCI has issued a number of guidelines on its relationship
with sector-specific regulators which encourage and aim for coordinating with sector-
specific regulators in order to avoid duplication of effort and to ensure that anti-competitive
conduct is effectively addressed.
Further, CCI encounters another challenge
with regard to its jurisdiction. Recently the
Hon’ble Delhi High Court held that CCI
cannot investigate statutory bodies. The
decision is unprecedented and can have
serious implications for CCI's present and
future investigations. Given the wide scope
provided to CCI in Section 18 of the
Competition Act 2002, the recent judgement
becomes a significant ruling.
The participants are free to explore the CCI's jurisdictional overlap and interplay with the
sector-specific regulators. They can also discuss the current conundrum regarding its
jurisdiction over the statutory bodies. Moreover, the participants can write about other
issues that crop up in CCI's jurisdiction. Lastly, the participants can conduct a cross-
jurisdictional analysis of the market regulatory authorities of other countries.
Note - Sub-themes are merely indicative in nature and are not exhaustive.
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ELIGIBILITY OF PARTICIPANTS
Authors must be pursuing their 5-year integrated LL.B. (Hons.) course/3-year LL.B.
course/LL.M. from any recognised university in India and equivalent law degree, abroad for
the academic year of 2023-2024, to be eligible to participate in the competition.
STRUCTURE
All entries will be judged and ranked by the Committee and Khaitan & Co. The top three
entries will be selected after an intense review procedure for an offline paper presentation.
The participants may adopt any suitable means for presenting the papers including audio-
visual aids, such as PowerPoint presentation. The final rankings of the authors will be
determined on the basis of the cumulative score of the paper presentation in the offline
conference and that of their essay. The entries selected for the offline conference will also be
considered for publication in the next issue of the RMLNLU Law Review Journal & the
RMLNLU Law Review Blog and will be monetarily rewarded by the Committee.
PRIZES
Winner - INR 15,000/-
First Runner-up - INR 10,000/-
Second Runner-up - INR 5,000/-
The authors of the top three entries to the competition will upon the discretion of
Khaitan & Co get an opportunity to intern at Khaitan & Co. Khaitan & Co reserves all
rights to determine the office, dates and team under which the internship is granted.
The top three entries will receive a ‘Certificate of Merit’.
Top three entries will be published on the RMLNLU Law Review Blog.
Top three entries may be considered for publication in the next issue of the RMLNLU
Law Review Journal.
All participants shall be receiving a ‘Certificate of Participation’.
PARTICIPATION GUIDELINES
Co-authorship of entries (maximum two) among individuals from the same or different
institutions is allowed. Multiple entries from the same authors are not allowed. Entries
should be original, unpublished and non-plagiarized.
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SUBMISSION GUIDLELINES
Participants are requested to adhere to the following submission guidelines:
Word Limit for the Competition: 4000-5000 words (excluding footnotes).
Individual Attachments: Name; e-mail; contact number; current academic status (year
of study, name of university etc.); undertaking as to guarantee of originality.
Formatting specifications:
-Font and size for the essay: Times New Roman | 12
-Font and size for footnotes: Times New Roman | 10
-Line spacing: 1.5
-Page size: A4 - Margin - 1' from all sides
-Alignment: Justified
Citation Style: Footnotes must be properly cited strictly in accordance with the latest
OSCOLA (4th edition) format. No endnotes or speaking footnotes (descriptive
footnotes) are permitted.
Entries should be emailed to rilec.rmlnlu@gmail.com under the subject title “Entry for
11th RILEC - [Name(s) of Author(s)]” in Microsoft Word (.doc or .docx) format.
Any queries relating to the Competition should be addressed to
rilec.rmlnlu@gmail.com.
MISCELLANEOUS RULES
The copyright for all entries shall vest with the Committee which herewith reserves the
right to modify, postpone or defer the Competition and its adjudication indefinitely as
and when exigencies of an unforeseen nature may arise.
Any attempt, direct or indirect, to contact the panel of judges will be met with the
immediate disqualification of the relevant entry.
Any indication of the author’s name or university in the entry shall lead to immediate
disqualification from the Competition. Details about the author may only be specified
in the body of the mail and the name of the author must not be mentioned in the name
of the file submitted.
DATES & DEADLINES
Last date for submission of manuscript: 27th August 2023. Late entries will not be
entertained.
The dates of the offline conference will be announced soon.
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CONTACT DETAILS
Write to us at rilec.rmlnlu@gmail.com in case of queries.
You may also reach us through the phone.
Priyanshi Bhageria : 8852012939
Aarya Parihar : 6306002885
Khushi Gupta : 7007619012
