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Case Analysis: Belaire Owners Association Vs. DLF Ltd.




Mrnal Madhulika, SOA National Institute of Law, Bhubaneswar, Odisha


Objective


To understand the abuse of dominant position which the DLF has used. The Dominant position implies monopoly of the firm in the market. To study the abuse of dominance in an enterprise as the market may break the market force and unilaterally impose trading conditions, fix prices etc.


To interpret whether the DLF was abusing its dominance position or not, and its very important to know that dominance is not illegal but abusing the dominant position is illegal under Sec. 4(1) of The Competition Act, 2002.


To interpret the decision of Competition Commission of India, what are the reasons behind the case due to which the Competition Commission of India had made such decision, whether the decision is correct or not, whether it is providing justice to the people or not.


Introduction


The Competition Act of 2002 is a significant piece of legislation aimed at promoting fair competition and preventing anti-competitive practices within markets. This act serves to protect consumers, ensure efficiency in markets, and foster innovation by prohibiting activities such as monopolies, cartels, and unfair trade practices. It reflects a commitment to free and fair competition as a cornerstone of a vibrant and dynamic economy. The Competition Commission of India replaced The MRTP Act (Monopoly and Restrictive Trade Practise Act) of 1969 with The Competition Act of 2002 in 2009.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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