N Nganthoybi Singha, School of Legal Studies, Reva University, Bangalore
ABSTRACT
“Competition law, also known as antitrust law, plays a crucial role in ensuring fair and competitive markets by preventing dominant firms from abusing their market power. While competition laws are designed to promote competition and protect consumer welfare, their implementation and enforcement may vary across different jurisdictions. A comparative analysis of competition law in India and the United States can shed light on the similarities and differences in addressing dominant position and its abuse. This comparative analysis examines the treatment of dominant position and its abuse under competition law in India and the United States. Dominant position refers to a company's significant market power, allowing it to operate independently of competitive forces. In India, dominant position is determined by assessing factors such as market share, size, and resources. The Competition Act, 2002, provides guidelines on abuse of dominant position, including practices such as predatory pricing, refusal to deal, and unfair conditions. In the United States, dominant position is evaluated using similar factors, with a focus on market share and barriers to entry. The Sherman Act and the Clayton Act form the basis of antitrust regulation, prohibiting practices such as monopolization, exclusionary conduct, and price discrimination. While both countries address dominant position and its abuse, there are variations in their legal frameworks, enforcement agencies, and procedural aspects. Understanding these differences is crucial for businesses operating in both jurisdictions and policymakers seeking to promote fair competition.”
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