Live Blogging : 14th NLU Antitrust Law Moot Court Competition, 2023

We welcome you to the Blue City, and the first day of the 14th NLU Antitrust Law Moot Court Competition! After having two editions in a virtual set-up, NLU Jodhpur is back on its feet with its most awaited and glorious flagship event, the Antitrust Moot Court Competition. The Moot Court Committee, NLU Jodhpur every year tries to outdo itself by creating an atmosphere of intense learning and healthy competition.

The Competition is being held under the patronage of the Competition Commission of India, in collaboration with Cyril Amarchand Mangaldas and our knowledge partners, SCC Online and Eastern Book Company. There are 35 participating teams from some of the country’s most prestigious law schools, who will be judged by legal professionals and specialists in their respective fields. The Moot Proposition revolves around contemporary issues in the field of Competition Law, including the tie-up arrangements with payment systems, exclusivity and price-parity clauses and acquisitions. 

We at NLU Jodhpur believe that education unless and until complemented by intellectually invigorating challenges fails its purpose. Cognizant of this responsibility and with a vision to foster the advancement of learning and research in the field of Competition Law, we will ensure that this Competition will help all participants hone their mooting skills along with exploring the nuances of Competition Law with an exciting and challenging proposition. The organizing team has left no stone unturned in their diligent endeavour to make this competition an enriching experience. 

We welcome all the judges and the participants, and hope that we are able to make this a memorable event for all.

The competition is about to begin, and we will keep you updated on everything. For more information, you may also follow us on Instagram, Facebook and LinkedIn.

Best wishes to all participating teams!

 

DAY-1

10:00 AM – Inaugural Ceremony and Exchange of Memorials

The Ceremony commenced with a welcome address by Ms. Sirisha Prasad, Co-Convenor of the Moot Court Committee. Mr. Rohan C. Thomas, Chairperson of the Moot Court Committee, inaugurated the 14th NLU Antitrust Law Moot Court Competition along with the lighting of the lamp. With this, we start with the Competition. The participants’ queries have been answered and exchange of memorials between the teams has taken place. All the competing teams have our best wishes.

 

 

11:00 AM – Judges Briefing

The judges for the Preliminary Rounds have been briefed by two members of the Moot Court Committee. A comprehensive bench memorial and a condensed version of the memorials were also provided to the judges. The judges for the rounds are distinguished legal experts in their respective disciplines and are here to evaluate each team’s comprehension and command over the law. The Preliminary Rounds shall begin at 11:30AM.

11:30 AM – Preliminary Rounds

With an unbridled enthusiasm, the Preliminary Rounds have taken off in full swing in all the courtrooms and the teams are prepared to present their best arguments, which they have worked tirelessly on, in high spirits. The judges are actively attempting to dissect the counsels’ arguments and the questions pour in. The teams are well prepared and they answer the questions by citing the relevant law. Following a heated round of mooting, the teams also submit their respective rebuttals and sur-rebuttals.

Preliminary Rounds

 Preliminary Rounds

1:00 PM – End of Preliminary Rounds

The preliminary rounds of the competition have taken off with great enthusiasm, and now we’re heading into the Reverse Preliminary Rounds, which will start at 3 PM. These rounds, along with the previous ones, will determine which teams will qualify for the Octa-Finals. The teams are eagerly waiting for the next round, and we are excited to witness their skills and abilities. We extend our best wishes to all the teams for their success.

3:00PM – Reverse Preliminary Rounds 

Each team is now focused and enthusiastic about presenting their arguments. To provide a level playing field, teams will give arguments for the opposing side in the Reverse Preliminary Rounds. The rounds are underway and the participants are putting forth some impressive arguments and showcasing their great mooting skills. May the best teams prevail!

 

4:30 PM – End of Reverse Preliminary Rounds

The teams’ tremendous preparation was on full display with yet another round of stellar performances. The rounds were equally as fierce as the Preliminary Rounds, and with their conclusion, the battle for the top 16 positions is over. Fingers are now crossed for the results!

The wait is finally over!

Here we present the top 16 teams that have qualified for the Octa Finals Round –

Symbiosis Law School, Hyderabad
Dr. Ram Manohar Lohiya National Law University, Lucknow
National University of Advanced Legal Studies, Kochi
National Law University, Delhi
Gujarat National Law University, Gujarat
Rajiv Gandhi National University of Law, Punjab
Maharashtra National Law University, Mumbai
National Law School of India University, Bangalore
West Bengal National University of Juridical Sciences, Kolkata
Symbiosis Law School, Pune
Hidayatullah National Law University, Raipur
National Law Institute University, Bhopal
Chanakya National Law University, Patna
Lloyd Law College, Noida
Institute of Law, Nirma University, Ahmedabad
National Law University, Odisha

This concludes Day 1 of the Competition. We excitedly await to see what tomorrow holds for us. Our best wishes to all the teams

DAY – 2

On the second day of the 14th NLU Antitrust Law Moot Court Competition, 16 teams are prepared and eager to compete in the Octa-Final Rounds. After having the night to prepare, the teams are ready for an inspiring display of mooting.

10:00 AM – Octa-Final Rounds

The judges for the Octa-Final rounds have been briefed by the members of the Moot Court Committee. The Rounds have started and the stage is set for an exhilarating competition as the teams face each other in a thrilling session of Mooting. We eagerly await to see which teams can keep their composure and advance to the next round of the competition. The teams have our best wishes!

 

The wait is over! Following teams will now head towards the Quater-Final Rounds. 

National Law University, Delhi
National Law School of India University, Bangalore
Institute of Law, Nirma University, Ahmedabad
Gujarat National Law University, Gujarat
Rajiv Gandhi National University of Law, Punjab
National Law University, Odisha
Symbiosis Law School, Hyderabad
Maharashtra National Law University, Mumbai

2:30 PM – Quarter-Final Rounds

The qualifying teams advance with vigour as the quarterfinal rounds begin! The teams are well-prepared and confidently respond to the judges’ questions by citing pertinent legislations and precedents.

The much awaited results of the Quarter-Final Rounds have been declared! Following a tremendous effort from everyone, the following teams have advanced to the Semi-Finals-

Maharashtra National Law University, Mumbai
Rajiv Gandhi National University of Law, Punjab
National Law School of India University, Bangalore
National Law University, Odisha

5:30 PM – Semi-Final Rounds

Court Room – 1

Maharashtra National Law University, Mumbai versus Rajiv Gandhi National University of Law, Punjab was a fierce round of arguments and counter-arguments. The learned bench consisted of Mr. Udayan Jain, Mr. Amit Tayal and Mr. T Sundar Ramanathan. The round began with the team from Maharashtra National Law University, Mumbai presenting their arguments as Appellants. The first speaker for appellant dealt with the issues of mandation of online payments, dominant position and unfair prices being in contravention of the competition act. The counsel was grilled on the facts of the case as well as the similarity with issues and facts of the cases relied upon by the counsel in his speech. He handled the questions very well. The second speaker dealt with the third and fourth issues of the proposition pertaining to price parity clauses, exclusivity agreements and combinations under Section 3 of the competition act. Counsel was questioned thoroughly regarding the applicable law and its applicability to the facts of the case. The appellants concluded with an extension of 16 minutes. Rajiv Gandhi National University of Law, Punjab then took over as Respondents. The first speaker was grilled by all three judges regarding how the entity was not dominant. He handled all questions tactfully and the judges seemed satisfied by the reasoning provided. The second speaker again dealt with the issues of exclusivity and price parity clauses. The judges at the outset stated the argument made by counsel for appellant and asked the counsel to rebut the same. The counsel handled all questions well. The Respondents concluded with an extension of 16 minutes as well. Fine speaking skills were put on display by all the participants. The teams showed a thorough knowledge of the law and cited various authorities to back their arguments. It was a closely contested round, adding to the anticipation of the results.

 

Court Room – 2

The Court Room was charged with enthusiasm and energy as National Law School of India University, Bangalore and National Law University, Odisha competed against each other. The learned bench comprised of Ms. Hemangini Dadwal, Mr. Aditya Gupta, and Mr. Goutham Shivshankar. The round began with the team from National Law School of India University, Bangalore presenting their arguments as Appellants. Speaker 1 from the Appellant’s side argued on the anti-competitive nature of the agreement and the anti-competitive effect in the market for online ticket booking services. Speaker 2 argued on the competition law concerns resulting from exclusivity clauses. Both the speakers cited strong authorities coupled with relevant facts to support their arguments. An extension of approximately 5 minutes was granted to both the speakers by the judges. National Law Institute University, Odisha then took over as Respondents. Speaker 1 from the side of the Respondent began by arguing on first and second issues. Both the speakers were questioned on the case laws and other authorities that they had cited. The Counsels also demonstrated the harms caused by the tie-up arrangements and exclusive agreements of the defendant. An extension of 4 minutes was granted to both the speakers by the judges. The rounds were indeed highly charged with display of excellent mooting skills and greatly nuanced legal arguments from both the parties.

 

8:00 PM: The much awaited results of the Semi-Final Rounds have been declared and the teams qualifying to the Final Rounds of the 14th NLU Antitrust Law Moot Court Competition, 2023 are –

Maharashtra National Law University, Mumbai
National Law University, Odisha

With this, we come to the conclusion of Day 2. It has been an enthralling experience so far. We excitedly await to see what tomorrow holds for us. Our best wishes to all the teams.

 

DAY – 3 

The most awaited moment is here! The Final Rounds of the 14th NLU Antitrust Law Moot Court Competition are about to begin. We have our Finalists National Law University, Odisha and Maharashtra National Law University ready to battle it out with their finest arguments. The incredible bench presiding over the Final Rounds includes Mr. Vijay Pratap Chauhan, Senior Partner at Cyril Amarchand Mangaldas in the Competition/Antitrust and Trade Practice. Dr. K.D. Singh, Director and Central Public Information Officer at Competition Commission of India. Mr. Samir R. Gandhi, Partner at Axiom5 Law Chamber and Mr. Rajshekhar Rao, Senior Advocate.

 

10:09 AM: The final rounds have begun with the team from Maharashtra National Law University presenting their arguments as Appellants. Speaker 1 for MNLU argued for the abuse of dominance by trickster (respondents) by firstly relying on the contention that the relevant market would be online ticket booking and therefore Trickster would hold a market share of 35% in the relevant market. After establishing the dominance of trickster, the speaker attempted to show how this dominance was being abused by trickster by tying up its services and denying market access. The speaker was questioned as to how safeguarding the consumer data collected would amount to denial of market access to which his reply was that since the respondents have access to funds that can be used to collect and analyse user data, which smaller companies in the same space cannot the data ought to be available on fair prices.
Speaker 2 for MNLU argued for the price parity clauses being in contravention of the act and that the combination was erroneously approved by the Commission. The speaker was questioned as to why the combination would amount to gun jumping as under the act to which he explained the rationale behind section 43 of the Act. Further the judges questioned the speaker as to why they chose to appeal the approval and when the combination was first filed with the Commission. The speaker was able to answer the question to the satisfaction of the judges. 

11:10AM: Next we have the team from NLUO arguing from the side of Respondents. The Panel of eminent jurists questions the counsels on Section 3 of the Competition Act, market share and significant market presence. The bench cross-questioned speaker 1 on the matters of how a single counsel can represent Competition Commission of Fluorine as well as the company. She also emphasised upon how the respondent company and the appellant company are on the same grounds in the concerned market. She then also put forth the market practise to substantiate her arguments.
Speaker 2 was questioned about the locus to challenge the combination order. The Panel also asked about the Favourable terms through price parity. In response, the speaker was able to answer it adeptly.

12:02: PM – Rebuttals and Surrebuttals.

The Appellant team begins with their rebuttals. They rebut that the prima valuations by the respondents are incorrect. They also question the market report relied upon by the Respondents and refute the consumer data collection. Lastly the Counsel submits that the price parity clause is not narrow as argued by the opposing counsels in contravention of Section 4 and is in fact a wide price-parity clause.
Surrebuttals: The Counsel starts by countering that in contravention to what the appellants have argued, the facts of the book my show case are not similar to the present case as the market share is significant less presently. 

With this, we come to the conclusion of the Final Rounds of the 14th NLU Antitrust Law Moot Court Competition, 2023. What an engaging session it has been, with the judges asking interesting and pertinent questions, to test the knowledge and the depth of research undertaken by the parties. The Results will be announced in the Valedictory Ceremony, which will commence at 3:00 PM today. We look forward to seeing you there!

3:00 PM – Valedictory Ceremony 

The moment you all have been waiting for is finally here! After months of research, practice, and hard work, the winning team gets to take it all! The following participants have emerged victorious at the rounds! 

Winning Team: National Law University, Odisha (NLUO)
Runners-Up Team: Maharashtra National Law University (MNLU)
Best Memoranda: Gujarat National Law University (GNLU)
Best Student Advocate: Milind Khemka (NLUD)
Second Best Student Advocate: Mr. Aiman Singh (MNLU)
Best Student Advocate of the Finals: Ms. Aditi Sinha (NLUO)

 

This marks the conclusion of the 14th NLU Antitrust Law Moot Court Competition, 2023. This edition of the Competition was like none other before! Organising an offline moot after two years was an enthralling experience. We hope that during the course of the Competition, the participants found chances to grow, and developed fondness for the law. At the end of these three days, we sincerely hope that we have been able to deliver the expectations that the participants and the judges had from us. See you all next year, in our beloved Blue City!