Abusing Dominance In The Market; Analysing Competition Act, In Connection With Section 4

Aiswarya Thulasi, B.A. LL.B., Kerala Law Academy Law College, Thiruvananthapuram

ABSTRACT

Competition Act, of 2000 gives essential guidelines to determine the misuse of dominance by market entities that hinder healthy completion. It also gives elaborate powers to the Competition Commission of India to enquire and decide upon cases of abuse of dominance. In a plethora of cases, the honourable courts have laid out that dominance per se is not an offence. This means possessing dominance in the market and taking steps for the protection of that position is not an offence. It becomes an offence when the steps taken by the dominant entities directly or indirectly hinder health competition in the market. In this paper, various phases of dominance abuse and measures to tackle the same are discussed in detail.