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Live Blog: 5th DSNMCC Moot Court Competition – 23rd-24th February 2019

DSNLU is back with its 5th DSNMCC with a total of 22 teams participating from all over universities in India in association with SCC Online. The moot proposition for the year is related to competition Law which has attracted a lot of students to participate in the moot.

There has been a whirlwind of developments in the global markets through the recent years and it has nothing but created a powerful impact on the domestic Indian market with large-scale developments in various sectors, further leading to competition among not only corporate giants but also the fairly new setups, aiming to gain a place for themselves.

The entire moot is conducted by the students of DSNLU, with an organising committee consists of more than 50 members under the guidance of faculty convener Prof. B. Soma Bhattacharya. The prizes for the winning team, Runners up, Best Researcher, Best Speaker, Best Memorial,

Free and fair competition is one of the pillars of an efficient business environment. Competition is indeed tough! The Competition Law is still in its nascent stages, growing rapidly. Thus, realizing the need of the current market scenario and the interest of the students, Damodaram Sanjivayya National Law University (DSNLU) is proud to declare its 5th DSNMCC 2019 on the subject of Competition Law.

The Inauguration ceremony is soon to begin and the status quo will be updated in few minutes! You can also follow us on Twitter, Instagram and Facebook for more insights.

Inauguration Ceremony:

17:08 hours-Before the start of inauguration look at main reason as to why participants are up herein the first place. It’s really a great feeling to take a look at the trophies before the commencement of inauguration.

17:55 hours– The inauguration ceremony of DSNMCC has kick started and Our esteemed Registrar Dr. Dayananda Murthy C.P’s speech has pepped up the participants. The hall is all lit up to witness one of the most promising moots ever.

18:30 hours– At the end of the day one can see the excitement and enthusiasm on the participant’s faces as they are getting closer to the moot! Get ready to witness the intense competition which is going to begin from tomorrow.

Preliminary Rounds : Day 1

11:03 hours– The preliminary rounds are about to begin! Teams are doing last minute preparations to hone their mooting skills. It’s surely going to be a brainstorming discourse on Competition Law.

12:26 hours– The participants are here with the moot vibes all around, time allotments are noted and the participants are glancing at the arguments before the moot begins! The stage is all set as we begin with first day of preliminary rounds.

12:31 hours– The judges for Court room-6 are ”Mr. Aditya Gupta”(Left) and Mr. Dhruv Dikshit(Right). The rounds are about to start with the Informants taking the lead.

12:33 hours– The preliminary rounds are in full swing! The first speaker from the Informants side has begun with her deliberations. The panel is very attentively listening to the contentions raised.

12:59 hours– The Judges for Court hall-1, ”Mr. Kiran Kumar” and ”Mr. Manish Sharma” seem to be pleased with the immaculate contentions of the speaker from the opposite party.

13:13 hours– All the Moot Courts are now in session! It’s a new day the battle between teams continues. It seems like each team is putting its best feet forward to bring home the beacon.

13:54 hours– An extended preliminary round-I has concluded and Round-II is expected to commence from 14:30.

Preliminary Round-II

14:35 hours– The preliminary round-II has commenced. The Judges for Court Hall-I is ”Ms. Yashika Maheshwari”(Left) and ”Ms. Anmol Gupta”(Right).

14:44 hours– First Speaker from Informant side has raised some quality contentions before the Judges.

14:58 hours– Some intense discussion and grilling regarding the Issue between Shadowfax and Gollum paper Mills issue in Courtroom-IV. Section 3(1) of Competition Law is one of the most important aspect of moot proposition.

Preliminary Round-III

15:45 hours– Post Lunch. Preliminary rounds have started. Teams look Confident and are already discussing strategies! First speaker of Informant approached the podium and seeks permission to begin with his arguments. The Informant started Justifying the issues raised.

15:57 hours– The Court room is set-up in full swing and Participants are having another day of great mooting. The arguments of the teams are really being put to the test. Speaker has stated her argument by explaining conditional seizure by explaining section 5 of Competition Law in detail

16:44 hours– The preliminary rounds of DSNMCC are going to get concluded.

17:07 hours– The preliminary rounds has been officially concluded. The participants are anxiously waiting for the preliminary rounds results to be announced. Now the top 8 teams must battle it out today evening from 18:20.

18:17 hours– After the anxious waiting, the results for preliminary rounds are yet to be released, all the participants are tensed up! Some teams however seems extremely confident.

18:44 hours– The teams that have broken into the quarters have been announced. The rounds are going to start shortly.

Quarter Finals:

19:12 hours– The Quarter Finals are underway, Judges are busy in cross checking memorial. The team codes for quarter finals are:

505

506

503

511

514

516

522

504

19:25 hours- As soon as the quarter rounds commences there is enormous amount of tension on the faces of participants as they wait for their turn to speak before the judges.

19:32 hours-The teams put forward their best contentions. One of the contention on which Informant argues upon about the penalty when the party is in doldrums, imposing huge penalty at such circumstances would lead to closing of the company which is declared to be arbitrary.

19:36 hours-Another contention raised by Informants that company being huge entity mistakes are likely to happen.

19:41 hours– Contentions raised by second speaker: Whether the actions of appellant in charges excess amount of price and whether the appeal came from Avalon on proposed issue is valid.

19:45 hours– Judges tried to confuse the Informant but the Informant sticks to firm grounds.

19:51 hours– The contentions of the opposite party: Whether the appeal file by shadow fox is maintainable before the honorable court under section 53(g) of Competition Law.

19:57 hours– The rounds continue, and the teams are putting forward their best game. The participants stick on to one thing in their minds ”Its not time for mistakes”.

20:28 hours– Quarter final rounds are concluded. Results shall be declared shortly.

23:45 hours– Results of Semi Finals has been announced, and the team Codes qualified for Semi Finals are (No specified order):

503 – RGNLU

504 – NMIMS Kirit P Mehta School of Law

514 – NLIU

506 – Tndalu Seol Chennai

23:47 hours– The Semi Finals are expected to commence tomorrow at 10:00 am.

Semi Finals

Semi Round – I

10:01 hours: All the esteemed judges for semi-finals have arrived.

10:15 hours: The participants qualified for the Semi Finals have arrived.

10:20 hours: As soon as the Informant has started with the arguments, Judges started posing questions. How would Bain & Gollum gets strategic advantage by removing competition.

10:35 hours: The opposite party argues stating that Characteristics of glaze paper is different from normal. Example stated by Opposite party is that Coco Cola and Fruity are two different drinks they cannot be substituted with one other.

10:39 hours: The Judges poses question to opposite party that when you have alternative companies what is the need to stick on to Informants company.

10:40 hours: The opposite party answers the question by stating As there was an express agreement between the companies there is possibility of repercussions if agreement is breached.

10:50 hours: Rebuttals has started. And the primary rebuttal on which Informants depend upon is primary reason for the price hike is due to break down of machinery.

10:55 hours: Round-I has been officially Concluded. Round-II will start by 11:20.

Semi Round – II 

11:20 hours : The Informants in round II has started their Issues by raising the question regarding maintainability of section 4 and has elaborated  it with reasonable justification.

11:27 hours: Judges have raised few questions regarding validity of agreement and whether there is new contract or is it the alteration of same contract.

11:28 hours: The Informant has answered the question by stating it is the alteration of same Contract. In this regard the judges questions the applicability of  Competition Act, If it is alteration of same contact the Contract Act would be applicable.

11:50 hours: Opposite party have started with their arguments. The judges asks question by stating ”Are there any barriers to enter into the market”. The Speaker answered to the judge by stating that Shadowfax is the second largest manufacturers of papers after Gollum in a span of two years and it is not possible to get there if there are barriers.

12:50 hours: Round II of Semi Finals has been officially concluded. Results shall be announced shortly.

13:27 hours: Results are announced teams qualified for finals are:

Finalists:

RGNUL- Rajiv Gandhi National University of Law, Punjab

NLIU – National Law Institute University, Bhopal

13:30 hours: The Finals is expected to start by 2:00 pm.

2:30 hours: Post lunch the Judges have arrived.

Finals

2:31 hours: Finals has commenced and Informants contended that – ”There was no position of dominance enjoyed by Gollum Paper mills and substantiated their claim with the help of Section 4 of Competition Act which defines domination. In the present case there may be a position of dominance but there was no abuse of such position of dominance. There was only one instance of breach of contract which was outside the purview of the Competition Act. Therefore Gollum has not violated Section 3 of Competition Act.”

3:10 hours: ”Shadowfax could not get Gollum to reduce the price. Section 4(2) defines dominant position in a relevant matter. There are two bases for refusal of supply 1) Outright refusal of supply 2) Circumstantial refusal of supply. Other small players were not effective competition to Gollum. Article 102 of European Competition Law defines abuse of dominance in relevant market. So an enterprise which charges unreasonably to another shows abuse of dominant power. In the present case Gollum paper mills charges 1.5 times of the initial price without any reasonable justification. So, the Gollum contravened Section 4 of the Competition Act

3:50 hours: Rebuttals have started. The Informants in their rebuttals stated that the Opposite party failed to explain what is going to happen in next 4-5 years.

4:10 hours: The Finals of DSNMCC, 2019 have been officially concluded. All the students and participants are waiting for the results.

Valedictory Ceremony

5:15 hours: Chief Guests for the Valedictory Ceremony have arrived. Prizes Details are mentioned below:

Winners of 5th DSNMCC, 2019 – RGNUL Patiala (By Guest of Honor, Shri G. Narayana Raju)

Runner-up of 5th DSNMCC, 2019 – NLIU Bhopal (By Guest of Honor, Shri Anand Vijay Jha)

Best Memorial of 5th DSNMCC, 2019 – RGNUL Patiala (By Prof. Dr. S Surya Prakash Vice Chancellor, DSNLU)

Best Speaker (Finals) of 5th DSNMCC, 2019 – Ms. Neha Jain, RGNUL, Patiala (By Prof. T.S. SomaSekhar)

Best Speaker (Prelims) of 5th DSNMCC, 2019 – Ms Suchura Dey, NLUO (By Prof. Dr. Sri Devi, Dean academic affairs and research)

Winners of 1st Damodaram Sanjivayya National Judgment Writing Competition – School of Law Christ University (By Dr. G. Narayana Raju)

Runners-up of 1st Damodaram Sanjivayya National Judgment Writing Competition – Symbiosis Law School Pune (By Guest of Honor, Shri Anand Vijay Jha).

5th DSNMCC, 2019 has been successfully completed. We like to thank organizing team of DSNLU and faculty convener of Moot and Advocacy Society Prof. Soma Bhattacharya for arranging the event and for providing us with an opportunity of witnessing it.

I would like to thank DSNLU. Zoom. in. inc for providing us with such wonderful pictures.

We, T. krishna Saketh, Rishikesh Reddy, Revathi Vankuri, Shradha Nayak and Shivani officially sign out on behalf of DSNLU, Sabbavaram, We would like to thank all our viewers and subscribers for the support we have received throughout the event.

 

 

 

 

 

 

 

 

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