Abuse Of Dominance In India: A Critical Analysis With Reference To The Competition Act, Of 2002

Arisha Khan & Abhipsa Baral, BA.LLB (H), Amity Law School, Noida

ABSTRACT

'Dominant position' simply refers to something that is in a better position than others based on a number of variables. However, this idea of domination was pervasive in Indian society, where one "caste" was seen as superior to the others. However, unless someone is abusing their power, remaining in a superior position doesn't hurt anyone. Thus, holding a dominant position cannot be viewed as inherently evil. However, it is deemed insufficient to abuse a position based on superiority.

In the context of competition law, this research study offers a critical analysis of the abuse of dominance in India. Beginning with a definition and historical background of the term "abuse of dominance," the paper then explores the theoretical underpinnings of competition law and highlights significant clauses of the Indian Competition Act, of 2002. The legal framework controlling abuse of dominance is examined, with a focus on regulations addressing abusive behavior as well as definitions and criteria relating to dominance. In-depth analysis is done on several forms of abusive behavior, including predatory pricing, exclusive dealing, refusal to deal, price discrimination, and margin squeeze. The study has a strong emphasis on how competition authorities, in particular the Competition Commission of India (CCI), investigate and decide abuse of dominance cases, as well as the related remedies and sanctions.

For policymakers, legal professionals, and other competition law spectators, this thorough analysis offers insightful knowledge that helps to better comprehend the abuse of dominance in India.

Keywords: competition, abuse of dominance, legal framework, commission, remedies, sanctions, India.