Yepuri Sai Chaitanya & Rajesh Peddibhotla, Damodaram Sanjivayya National Law University, Visakhapatnam
ABSTRACT
This paper on “Abuse of Dominant Position by Corporates” provides a detailed analysis regarding the concept of abuse of dominance by major companies in the market and the laws governing the same in India. The paper discusses as to how it can be determined if a company is holding a position of dominance, with the help of the concept of “relevant market”, the factors used in order to determine if an abuse of dominance had taken place and the various ways in which such abuse can take place, with the help of relevant case laws. Further, the powers of the Competition Commission of India to conduct an enquiry into such matters and the powers conferred upon the Competition commission for deciding the cases have been discussed. The powers of the commission in passing interim orders, the powers of the Competition Appellate Tribunal to hear and dispose of appeals, provision to adjudicate upon a claim for compensation etc. have also been discussed. Thereafter the author has discussed the judicial approach in the era of social media and e-commerce with the help of two recent judgements. The author has also proposed few suggestions, to improve the existing methods of determining dominant enterprises.
Keywords: Dominant, Corporates, Abuse, Competition, Market
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