1st UCL South Asian Competition Law Conference

Organised by the UCL Centre for Law, Economics & Society

About the conference

In 2003, India became the first South Asian country to enact a modern competition law—the Competition Act 2002. Less than five years later, Pakistan followed suit by promulgating the Competition Ordinance 2007. The adoption of modern Competition Laws heralded a new era for both countries: it declared their commitment to greater economic efficiency and consumer welfare; their intention to enter the international competition community; and their potential as destinations for international investment.

Despite their near contemporaneous adoption, the implementation of the Indian and Pakistani competition laws has proceeded against very different trajectories and has been influenced as much by the political and legal institutions pre-existing in the country as it has by the institutions created by the laws themselves. Most recently, whilst India is entering a second phase of competition implementation, Pakistan is only enabling its Commission to operate at full institutional strength for the first time since the law came into force.

The developments in the competition regimes of India and Pakistan, whilst important for the two countries also have a considerable impact on the entire South Asian region. As countries like Afghanistan, Bangladesh, Bhutan, Nepal and Sri Lanka begin to experiment with competition regimes they are influenced as much by the competition experience of their geographical neighbours as they are by the multilateral aid agencies that often lead the law reform initiatives in the South Asian context.

The 1st UCL South Asian Competition Law Conference 2018 explores the progress made by India and Pakistan in the first decade of the enforcement of their respective competition laws. It evaluates factors that have aided and impeded Indian and Pakistani competition authorities in the implementation of competition laws; the extent to which the competition laws have been integrated with the legal context of their countries, and the impact of the competition laws on the economic transformation of their respective countries.

This Conference provides a platform for imagining imagines the future of competition law in South Asia in light of these developments. It brings together academics thinking critically about these areas of law; the heads of the Indian and Pakistani competition authorities, and lawyers who engaged with them, to discuss competition policy and regulatory developments in India and Pakistan. It also engages with leaders from the international competition community to reflect on the Indian and Pakistani experience and its implications for South Asia and the world.

The speakers include:

• Samar Abbas (Barrister, 39 Essex Chambers, London)
• Ijaz Ahmed (Partner, Ijaz Ahmed & Associates, Karachi)
• Aditya Bhattacharjea (Professor, Delhi School of Economics, University of Delhi, New Delhi, and member of the  Competition Law Review Committee at the Ministry of Corporate Affairs, India)
• Amber Darr (UCL Laws)
• Geeta Gouri (former Member, Competition Commission of India)
• Shabbir Harianawala (Partner, Haidermota BNR, Karachi)
• Dhanendra Kumar (former Chairperson, Competition Commission of India)
• Manas Kumar Chaudhri (Khaitan & Co. New Delhi)
• Ioannis Lianos (UCL Laws)
• Hassan Qaqaya (Senior Fellow (Melbourne Law Masters) - former Head, UNCTAD Competition & Consumer Policies Branch, Switzerland)
• Ikram-ul-Haque Qureshi (Partner Irfan and Irfan, Lahore - former Member of Competition Commission of Pakistan)
• M M Sharma (Vaish Associates Advocates, New Delhi)
• Joseph Wilson (McGill University - former Chairperson of Competition Commission of Pakistan)

Who should attend

Students of competition law.
Legal and business practitioners
Anyone interested in comparative law.
Law and development
South Asian legal studies

Please note a videographer will be in attendance during this event. The footage will be used online, on the UCL Faculty of Laws website and the UCL Centre of Law, Economics and Society website. There is no obligation to be in the footage, and please let a member of staff know on the day if you would prefer not to be included.

The Programme and Slides for Download

 

14:30	Registration
Panel 1: Introductory Session
15:00	Welcome Ioannis Lianos (UCL)
15:05	Worlds’ apart? An introduction to two different trajectories in the diffusion of competition law in South Asia: India and Pakistan Amber Darr (UCL) DOWNLOAD AMBER'S SLIDES DOWNLOAD AMBER'S SLIDES
Panel 2: Adoption and Implementation of Competition Laws in India and Pakistan Chair: Ioannis Lianos (UCL)
15:30	Adoption of Competition Law—the Indian experience   Geeta Gouri (former Member, Competition Commission of India) DOWNLOAD GEETA'S SLIDES DOWNLOAD GEETA'S SLIDES
15:45	At the Crossroads: Pakistan’s transition from anti-monopoly law to Competition Law Joseph Wilson (McGill University - former Chairperson of Competition Commission of Pakistan) DOWNLOAD JOSEPH'S SLIDES DOWNLOAD JOSEPH'S SLIDES
16:00	Competition Rising: India’s implementation priorities (via Skype) Dhanendra Kumar (former Chairperson, Competition Commission of India)
16:15	An international perspective on the development of competition law in South Asia Hassan Qaqaya (Senior Fellow (Melbourne Law Masters) - former Head, UNCTAD Competition & Consumer Policies Branch, Switzerland) DOWNLOAD HASSAN'S SLIDES DOWNLOAD HASSAN'S SLIDES
16:35	Q & A
Panel 3: Interplay of substance and procedure in competition law enforcement Joseph Wilson (McGill University - former Chairperson of Competition Commission of Pakistan)
16:45	Between the law and recovery: the history of penalties in the Competition Act 2002 Aditya Bhattacharjea (Professor, Delhi School of Economics, University of Delhi, New Delhi) DOWNLOAD ADITYA'S SLIDES DOWNLOAD ADITYA'S SLIDES
17:00	The Pakistani experience of competition enforcement   Ijaz Ahmed (Partner, Ijaz Ahmed & Associates, Karachi) DOWNLOAD IJAZ'S SLIDES DOWNLOAD IJAZ'S SLIDES
17:15	Breaking Cartels in India Manas Kumar Chaudhri (Khaitan & Co. New Delhi) DOWNLOAD MANAS' SLIDES DOWNLOAD MANAS' SLIDES
17:30	The Pakistani merger regime   Shabbir Harianawala (Partner, Haidermota BNR, Karachi) DOWNLOAD SHABBIR'S SLIDES DOWNLOAD SHABBIR'S SLIDES
17:45	Q & A
Panel 4: Rule of Law, the Role of Courts and future of Competition in the region Amber Darr (UCL)
18:00	Exercising their Writ: courts and competition enforcement in India M M Sharma (Vaish Associates Advocates, New Delhi) DOWNLOAD M M SHARMA'S SLIDES DOWNLOAD M M SHARMA'S SLIDES
18:15	Decision pending: CCP v. Courts in Pakistan Ikram-ul-Haque Qureshi (Partner Irfan and Irfan, Lahore - former Member of Competition Commission of Pakistan) DOWNLOAD IKRAM-UL-HAQUE'S SLIDES DOWNLOAD IKRAM-UL-HAQUE'S SLIDES
18:30	The relationship between courts and competition authorities from a UK perspective Samar Abbas (Barrister, 39 Essex Chambers, London) DOWNLOAD SAMAR'S SLIDES DOWNLOAD SAMAR'S SLIDES
18:45	Q & A
19:00	Reception
19:30	Conference Ends

 

About the Speakers

Samar Abbas (Barrister, 39 Essex Chambers, London)
Samar Abbas is a Barrister based at 39 Essex Chambers in London. His practice focuses on commercial disputes, with a particular emphasis on cross-border transactions and international law. He is recommended in Legal 500 as a leading lawyer in the Asia Pacific region.

Samar regularly advises in relation to damages actions, claims for injunctions and challenges to regulatory decisions. He has particular experience of cases which raise issues of conflict of laws and cross-border regulations. His competition advocacy work has included appearing on behalf of an intervener in the first successful challenge to the CMA’s decision to accept commitments under section 31A of the Competition Act 1998.

Before coming to the English Bar, Samar spent a number of years working as a strategy professional focusing on organisational restructuring and post-merger consolidation in the pharmaceutical, telecommunications and consumer packaged goods industries in the US and Canada. Prior to that, as a student at Yale University, he focused on the interplay between the enforcement of US antitrust laws and economic competitiveness.

 

Ijaz Ahmed (Partner, Ijaz Ahmed & Associates, Karachi)
Ijaz Ahmed read for his LL.M at the School of Oriental and African Studies, London and is a law graduate from the Law College, University of Punjab. He has been practicing law since 1992 with a focus on corporate and commercial law and is an advocate of Supreme Court of Pakistan. He advises on wide range of issues besides being an active litigator. He has been appointed amicus curiae for assisting the courts on important legal issues. He has also taught business law and environmental law. He is an accredited arbitrator included in the panel of arbitrators maintained by Singapore International Arbitration Centre. Mr. Ahmed has extensive experience in advising on competition law and have conducted trainings for senior level management of various large corporations in Pakistan. Mr Ahmed has appeared before the Competition Commission in various merger transactions as well enforcement proceedings. Mr. Ahmed has also advised the Competition Commission and represented them before the Superior Courts in Pakistan. He has been active in international networks of legal professionals. He has been associated with Insol International and Asia Pacific Jurists Association. He has taken particular interest in the regional networks and is a member of SAARC Law. Mr. Ahmed has actively participated in most of the SAARC Law activities and conference and has contributed papers including a comparative review of development of debt recovery laws in South Asia, role of religion in development of law and regional cooperation for prevention of cross-border cyber crimes.

ADITYA BHATTACHARJEA is Professor of Economics at the Delhi School of Economics, University of Delhi, India, where he teaches postgraduate courses in industrial organization and Indian economic development. He served as Head of the Economics Department of DSE from 2014-18. He earlier taught for many years at St Stephen’s College, Delhi (1980-96), and has been a visiting associate professor at Duke University, USA. His research interests include competition (antitrust) law, economics, and policy; trade policy under imperfect competition; and labour market regulation. His articles have appeared in leading law and economics journals in India and abroad.

Professor Bhattacharjea served as a member of the Expert Group on Trade and Competition Policy, Ministry of Commerce, Government of India, in 2002-03. From 2005 to 2010, he was a resource person for the Competition Policy and Government Procurement sessions of the annual WTO Regional Trade Policy Courses for the Asia/Pacific region, conducted at Hong Kong University and then at the National University of Singapore. He recently been appointed to serve on the Competition Law Review Committee which has been set up by India’s Ministry of Corporate Affairs.

Professor Bhattacharjea earlier served as a member of the Board of Directors of the Export-Import Bank of India from 2012 to 2015, and has served on the Standing Committee on Industrial Statistics of the Ministry of Statistics and Programme Implementation since 2012. He has been a member of the Governing Body of the Institute of Economic Growth, Delhi (2015-18), the Committee of Direction of the Centre for Development Studies, Thiruvananthapuram (2016-18), the Board of Studies of the Indian Institute of Foreign Trade, Delhi (2017 – present), and the Governing Bodies of several Delhi University colleges. He holds a B.A. (Hons) degree from St Stephen’s College, University of Delhi, an M.A. from Jawaharlal Nehru University, an M.Phil. from the University of Cambridge, and a Ph.D. from Boston University.

Amber Darr (UCL Laws)

DR GEETA GOURI is Distinguished Fellow, India Development Foundation (IDF), has been Member (Commissioner), Competition Commission of India (2009-2014) prior to which she was Director (Tariffs), Andhra Pradesh Electricity Regulatory Commission (1999-2009). Her regulatory experience of 15 years in these two Commissions at their formative stages shaped her perceptive insights into regulatory activities for India’s  transition to an open market economy.   

As  Member (Economics) of the Competition Commission Dr. Geeta Gouri's priority was on developing jurisprudence based on robust economic analysis as was in designing tariff models for the unbundled electricity sector.  Focus of her work was on incorporating the dynamics of market functioning and market innovation with appropriate regulatory interventions.

A doctorate in economics from Jawaharlal Nehru University, New Delhi her early years in academics saw a continuing interest in combining economic theory with praxis as a regulator.  She has authored several books on  wide ranging subjects such as privatization and public sector enterprises, electricity sector. Currently she is engaged with two manuscripts Competition Law in India and Economics and Creating Modern Markets – Competition Commission in India.

Some of her recent papers have appeared in Review of Industrial Organization, (June 2018); The Criterion Journal of Innovation, (Vol 2, 2017); Concurrence Review 2015 that  persuades a rethink on market intervention defined by dynamics of high tech and virtual markets for India.

Dr. Geeta Gouri  is currently working  in the area of   Intellectual Property Rights  (IPRs) especially Standard Essential Patents (SEPs) and Competition Law.

Shabbir Harianawala (Partner, Haidermota BNR, Karachi)
Shabbir Harianawala is a Partner at HaidermotaBNR & Co., one of Pakistan’s leading law firms. Shabbir specializes in mergers and acquisitions with a focus on telecom, oil and gas (upstream and downstream), banking and pharmaceutical sectors. Shabbir is also routinely sought by clients to advise on private equity and joint venture transactions and is well versed with corporate re-organisations, shareholder arrangements, foreign exchange, and takeover laws. Shabbir has a history of engagement with the Competition Commission of Pakistan (CCP) which has enabled him to develop anti-trust compliance practices which are now the norm in Pakistani markets. Shabbir was involved in one of the few “Phase II” pre-merger investigations undertaken by the CCP when he acted for Abu Dhabi Group in relation to its divestment of 100% shares of Warid Telecom (Private) Limited to Pakistan Mobile Telecommunication Limited (a Pakistani affiliate of Vimpelcom). The transaction was subsequently cleared by the CCP and consummated.

Manas Kumar Chaudhri (Khaitan & Co. New Delhi)
Manas Kumar Chaudhuri is a Partner in Khaitan & Co in New Delhi, India. He advises Indian and overseas clients on Competition Law & Policy and related legal/regulatory issues. He has been engaged, while working as Additional Registrar in Competition Commission of India (CCI), in programmes to create public awareness on competition issues for various stakeholders as part of preparatory exercise for them till the CCI becomes fully operational. He was also associated with the drafting of various statutory Regulations under the Competition Act during his stay in the CCI. He has advised, as an international resource, Government of Bangladesh on development of Competition Law & Policy under International Finance Corporation, World Bank Group project in July 2009 and in May 2010 at Dhaka, Bangladesh. Manas was in Port Louis, Mauritius in February 2010 and had addressed the members of Mauritian Chambers of Commerce and Industry and the members and senior functionaries of the Competition Commission of Mauritius on cross-border competition law issues. He is also a guest faculty on Competition Law & Policy with Gujarat National Law University.

Prior to joining the profession as a full-time lawyer, Manas has served as a Civil Judge in the West Bengal State Judicial Services during late eighties. He also worked as Legal Adviser Tea Board India and Joint Director (Legal) Monopolies and Restrictive Trade Practices Commission. While working for the Tea Board India he has assisted the Board and the Government of India in formulating the Geographical Indication Bill with special reference to “Darjeeling” as GI for Darjeeling Tea.

Dhanendra Kumar was the first Chairperson of Competition Commission of India (Feb 2009 - June 2011) who started the enforcement of Competition Law. He was responsible for developing in the initial stages the roll out of anti-trust enforcement and M&A Regulations, systems, procedures, recruiting staff and capacity building.

Post June 2009, he was associated with IICA (of Govt) as Principal Advisor and chaired the Expert Committee to frame National Competition Policy and suggest amendments in the Act. Earlier, he was India’s Executive Director on the Board of World Bank/IFC at Washington DC (2005-09). He also represented besides India, Sri Lanka, Bangladesh and Bhutan. He is a veteran IAS officer, with four decades of International, National and State experience, having served as Secretary in several key Ministries, including Defense Production, Roads and Highways and Culture. He also worked as India’s Resident Director in London of India Investment Centre (1983-86) under the Ministry of Finance to promote investments and JVs.

He is currently the Founder Chairman of Competition Advisory Services (I) LLP, a niche consultancy firm in Competition Law (www.compad.in), advising several MNCs and prominent Law firms, and active on global lecture circuit.

Ioannis Lianos (UCL Laws)

HASSAN QAQAYA is senior follow, Law School, University of Melbourne, Australia, where he teaches at the Graduate Law school. He has also thought at Perdana University, KL, Malaysia, Deusto University, Bilbao, Spain, and Webster University, Geneva. He has advised several competition agencies, including Brunei, Malaysia, Indonesia, Vietnam, Cambodia, Laos, Kenya, Nicaragua, Costa Rica, Peru, Paraguay, Ukraine, Mongolia, Philippines, Seychelles, Egypt, Tunisia among others
Until 2015, he was the Head of the UNCTAD Competition and Consumer Policies, United Nations, Geneva, Switzerland. For over three decades he as advised governments, Public and private entities, and young competition and consumer agencies in over sixty developing countries and economies in transition on the formulation and enforcement of competition law and policy.
In these capacities, he team-led the analysis of complex competition and consumer protection related issues across a wide range of sectors and markets, and contributed to the formulation of national consumer and competition policies, and the institutional design of national enforcement institutions.

For more than three decades, Hassan Qaqaya was involved in teaching for the United Nations as well as in various Universities and Institutes across wide spectrums of countries and regions, while holding important positions at the United Nations Conference on Trade and Development.

Mr. H Qaqaya has written and co-written over forty UN reports and studies. In addition to his teaching, he established the UNCTAD Research Partnership Platform (RPP), which brings together research institutions, universities, competition authorities, business and civil society.

IKRAM UL HAQUE QURESHI has 9 plus years of hands-on experience in competition law enforcement, compliance and advocacy affairs at the Competition Commission of Pakistan (CCP). In addition, he has 15 years of experience in consumer protection, corporate and securities laws gained at the Securities & Exchange Commission of Pakistan (SECP), Infrastructure Project Development Facility (IPDF), Pakistan Telecommunication Company Limited (PTCL), Daewoo Corporation and as a private practitioner.

Mr. Qureshi, At present, is a Partner at M/s Irfan & Irfan, one of leading law firm dealing in competition, consumer protection, intellectual property and related regulatory affairs and Legal Consultant of Home Catalogue Shopping (pvt) Ltd. Between December 2014 and December 2017, as Member at the Commission, he has served as Commissioner CCP and adjudicated upon on all contentious matters initiated before the CCP, specifically pertaining to prohibition of abuse of dominant position, cartelisation and restrictive agreements, grant of exemptions, and approval of domestic and international mergers across industries. In addition, he has supervised the issuance of multiple policy notes and opinions under the provisions of the Competition Act 2010 to ensure that various measures adopted by the departments of Federal and Provincial governments are in line with the objectives of free competition in the country.

From 2008 to 2014, Mr. Qureshi has served as the Director General of CCP. During this time, he has successfully managed various departments of CCP including office of the Registrar, legal Department, compliance and Corporate Affairs department and the establishment of the Office of Fair Trade. He was also incharge of granting Exemptions. His responsibilities also included representing the Commission before the Senate/National Assembly Committees and the Superior Courts. Furthermore, he represented the Commission at several international forums.

Prior to joining at CCP, Mr. Qureshi has worked in various capacities at the SECP, PTCL, IPDF, Sabre Pakistan (Pvt) Ltd, Daewoo Corporation and as a private practitioner with prestigious law firms for 14 years. Nevertheless, his area of practice and concentration has been the management of legal, corporate enforcement and regulatory affairs involving judicial and dispute resolution processes, especially, competition and consumer protection regulations.

MM SHARMA, Advocate, Delhi High Court heads the Competition Law & Policy team in a reputed Tax & Corporate Law firm, VAISH ASSOCIATES ADVOCATES (VA) since 2009 and has over 30 years’ experience, including judicial experience as Judge Advocate in the Indian Navy of over 10 years. He holds a Post Graduate Diploma in Economics of Competition Law from Kings College, London. He has worked in the Competition Commission of India (CCI) as Additional Registrar during 2006-2008 and was responsible for drafting the Implementing Regulations under the Competition Act, 2002. He also worked as Head-Legal /In-house Counsel in Jindal Steel and Power Ltd. (JSPL) before joining VA in 2009.

Mr Sharma advises and represents clients as independent Counsel, on competition/antitrust issues such as cartels, abuse of dominant position and M&As before the CCI, and in appeals before the Competition Appellate Tribunal (COMPAT) (Now before the National Company Law Appellate Tribunal (NCLAT), High Courts etc.

A prolific writer on competition issues, his articles on competition issues are published in noted journals and financial newspapers such as ECONOMIC TIMES, BUISNESS STANDARD, FINANCIAL EXPRESS and he is frequently quoted on competition issues in leading financial newspapers. He also appears on TV interviews in CNBC TV18, ZEE Business, MagicBricks, ET News etc. as subject expert. He also teaches “competition law’ as a visiting faculty in various Universities and Institutions and is widely regarded as a subject expert in various Committees of Apex Business Chambers, such as FICCI, CII, ASSOCHAM and PHD CCI.

Mr. Sharma also runs an independent Blog, the Antitrust & Competition Law Blog, which gives latest updates on competition cases in India.

PK Singh (Advisor Law, Competition Commission of India)

DR JOSEPH WILSON is a former Chairman and founding Commissioner of the Competition Commission of Pakistan, where he served from for three consecutive terms from November 2007 to November 2016. Dr. Wilson is an adjunct Professor at McGill University’s Faculty of Law, where he teaches International Competition Law among other courses

Dr. Wilson’s earlier served as an Associate Professor of Law at the Lahore University of Management Sciences (LUMS), Pakistan, where he helped set up its law school. He earned Doctor of Civil Law (D.C.L.) with Dean’s Honour List and Master of Laws (LL.M.) degrees from McGill University. He has an LL.M. from the University of Georgia, USA. He is a member of the State Bar of New York, USA and Lahore High Court Bar. He serves on the International Advisory Board of the Loyola University Chicago’s Institute for Consumer Antitrust Studies. He has authored various law journal articles, judicial opinions and a book titled “Globalization and the Limits of National Merger Control Laws.”