• This paper has THREE (3) questions, worth 20 marks each.
• Answer ANY TWO out of the THREE Questions.
QUESTION 1 20 MARKS
1. The year is 2021 and the Personal Data Protection Bill, 2019 has been enforced without any legislative changes, thus bringing into creation India’s Data Protection Authority (“DPA”). The Competition Commission of India (“CCI”) has received a complaint against Amazon Web Services regarding the leveraging of the data on Indian citizens to enter into downstream market such as the Amazon.com e-commerce platform, as well as Amazon FireTV and Alexa home entertainment services to the detriment of competition in the market. The case involves a discussion on the breach of individual data and privacy (which falls within the domain of the DPA) but can subsequently lead to anti-competitive conduct (which falls within the domain of the CCI). Prepare a note on the applicability of Sections 21 and 21A of the
Competition Act, 2002 (“Act”) and how the CCI should employ the same in conducting an investigation against Amazon Web Services. Please restrict your answer to the Competition Act. (1500 words)
QUESTION 2 20 MARKS
2. “Mere price parallelism is not sufficient to indicate collusive conduct” – Discuss in light of the Section 3(3) of the Competition Act, 2002 along with reference to relevant case law(s). (1500 words)
QUESTION 3 20 MARKS
3. Discuss the decision of the Competition Commission of India (“CCI”) in the Cement Cartel case (Builders Association of India v. Cement Manufacturers’ Association & Ors, Case No. 29 of 2010) in light of its previous decision in the Tyre cartel case (In Re: All India Tyre Dealers’ Federation, RTPE No. 20 of 2008). (1500 words)
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