DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam
COURSE OUTLINE
Title of the Subject: INVESTMENT, SECURITIES AND COMPETITION LAW
Name of the Faculty: Ms. S. Prathyusha and Mr. Zain Saleh

Total No. of Hours: 65

Note: 1. Academic Session 6th July - 7th November, 2015 (13th July 2015 for 1st year) (Tentatively 65
Hours)
2. Cases mentioned shall have the complete citation
3. Number of Units may be added or reduced as per requirement
4. Books for Reference shall be indicated
Unit
No.

1.1
1.2
1.3
1.4
1.5
2.1
2.2
2.3
2.4

UNIT 1
Topic: COMPETITION POLICY AND
ECONOMICS
INTRODUCTION
OVERVIEW OF THE PRACTICES
CONTROLLED BY COMPETITION LAW
THE THEORY OF COMPETITION LAW
THE FUNCTION OF COMPETITION LAW

No. of
CASES FOR REFERENCE
Hours
(List of Cases are not exhaustive
Faculty may discuss or indicate
any additional Cases)
1

UNIT 2
Topic: COMPARATIVE COMPETITION LAW
EU LAW
UK LAW
US LAW
COMPETITION LAW: THE INTERNATIONAL
SENARIO

2
1

2
2
2
2

2.5
3.1

3.2
3.3
3.4
3.5

UNIT 3
Topic: OVERVIEW OF COMPETITION LAW IN INDIA
RECENT ACTIVITIES AND POLICY
FAQUIR CHAND GWATI V. UPPAL
PRIORITIES IN INDIA
AGENCIES (P) LTD & ANR [ (2008)
10 SCC 345
M. P. MALHOTRA V. JET AIRWAYS
(INDIA) LTD CASE NO 4 /2009
FICCI MULTIPLEX ASSOCIATION V
UNITED
PRODUCERS/DISTRIBUTORS
FORUM & ORS CASE NO 1/2009
CARTELS
UNILATERAL CONDUCT- THE CONCEPT OF
DOMINANT POSITION
ANTI-COMPETITIVE AGREEMENTS
MERGER REVIEW

3
2
2
2

4.1
4.2

4.3
4.4

UNIT 4
Topic: Law Relating to Securities
Securities: The Concept and Kinds
Securities and Exchange Board of India:
SEBI Act 1992- Sanctions and Powers of
SEBI, Powers of the Central Government
under the Act, Guidelines for Disclosure
and Investment Protection , SEBI Appellate
Tribunal and Appeals.
Collective Investment UTI, Venture
Capital, Mutual Funds, Control over UTI
Buy-Back of Securities, Collective
Investment Schemes, Depository System

2
2

2
2

READING MATERIAL
1. Tannan, M.L, Tannans Banking Law and Practice in India, (2000), India
Law House, New Delhi
2. Avatar Singh, Company Law, Eastern Book Company, Lucknow.
3. Majumdar, Company Law, Taxman Publications
4. Gupta, S.N., The Banking Law in Theory and Practice, (1999) Universal,
New Delhi.

5.1
5.2
5.3

5.4

5.5

UNIT 5
Topic: INVESTMENT LAW
Industrial Licensing :Evolution of Policy
and Scope
Norms of Small and Medium Enterprises:
Contentious Issues
FDI Policy and some FERA
Regulations(FEMA1999, Foreign Exchange
Management Regulations, 2000, Automatic
Route and Approval Route, Role and
Functioning of Foreign Investment
Promotion Board,(FIPB),
Norms Pertaining to Foreign Institutional
UBS Securities Asia Ltd v. SEBI
Investors (FIIs)
(2005) 6 Comp LJ 64 (SAT) also
see Supreme Court order dated
9/2/2009 in Civil Appeal No. 696 of
2005 in SEBI v UBS Securities Asia
Ltd.
Goldman Sachs Investment
(Mauritius) Ltd v. The Adjudicating
Officer, SEBI, (2008) 87 SCL 226
(SAT)
Establishment of LIASON/Branch /Project
offices in India by Foreign Entities
READING MATERIAL
1. Foreign Exchange Management Act 1999
2. SEBI (Foreign Institutional Investors) Regulations, 1995
3. Master Circular on Establishment of Liaison/Branch/Project offices in India by
Foreign Entities
2

2
2
2

4. Foreign Exchange Management (Establishment in India of Branch or Office or

Other place of Business ) Regulations, 2000
5. Foreign Exchange Management (Transfer or Issue of Security by a person
Resident Outside India) Regulations, 2000
6. SO 232(E) dated April 2, 1991 of Ministry of Commerce and Industry (DIPP) and
the later connected notification

6.1
6.2
6.3

6.4

UNIT 6
Topic: INTERNATIONAL RESOURCE RAISING
Foreign Convertible Currency Bonds, ADRs, SEBIS Order dated 21/9/2011:
and GDRs
Direction under Sections 11(1),
11(4) and 11(B of SEBI Act , 1992 in
External Commercial Borrowings (ECB)the matter of Market Manipulation
using GDR Issues and connected
Indian Depository Receipts (IDRs)
subsequent SEBI and SAT Orders
including final order
(WTM/SR/ISD/06/09/2013) dated
June 20, 2013
Disinvestment
BALCO case AIR SC 350 200,
HPCL/BPCL Privatization Cases,
Reliance Airport Developers Pvt
Ltd v. Airports Authority of India,
(2006) 10 SCC 1
READING MATERIAL
1. Essential Readings from website of Department of Disinvestment (GoI, Ministry of
Finance): http://www.divest.nic.in/
2. Issue of Foreign Currency Convertible Bonds and Ordinary Shares Scheme 1993
3. FEM Borrowing and Lending in FE) Regulations, 2000
4. FEMA 20
5. Companies ( Issue of IDR) Rules, 2004
6. SEBI(ICDR) Regulations, 2009

UNIT 7
Topic:
7.1
7.2
7.3
7.4
7.5
UNIT 8
Topic:
8.1
8.2
8.3
8.4
8.5
3

2
2
2

Books for Reference

Sl.
No.

Author

Title of the Book

Publisher

1.

RICHARD WHISH &

DAVID BAILEY

COMPETITION LAW

OUP

2.

ED: ADRIAN EMCH,

JOSE REGAZZINI &
VASSILY RUDOMINO

COMPETITION LAW IN THE

BRICS COUNTRIES

WOLTERS KLUWER

3.

T. RAMAPPA

COMPETITION LAW IN INDIA:

POLICY ISSUES &
DEVELOPMENT

OUP

4.

K.S. ANANTHARAMAN

COMPANY LAW AND

COMPETITION ACT

LEXIS NEXIS

5.
6.