Competition issues relating to abuse of dominance in physical market in India: A descriptive analysis

Abstract

Competition law is basically a law to regulate the competition in the market. It is a means to implement competition policy and prevent the practices having adverse effect on competition. In India, the Competition Act, 2002 is the current competition regulatory framework. This research work has focused on defining the term abuse of dominance under section 4 of the said Act in explanatory manner and dealing with the issues arising due to it. The three factors, i.e. determination of relevant market, analysis of the dominant position, ascertaining the abuse of such dominant position, that are taken into consideration in order to ascertain the abuse of dominance by an enterprise are also discussed extensively. Since the enterprises in the market economy revolves around prices and strategies aimed at gaining profit and expanding their business, therefore they undertake certain unfair or discriminatory pricing practices that include predatory pricing as well, therefore endeavour has been made to explain the issues of predatory pricing, abuse of dominance in supply or in undertaking other anticompetitive practices and entering into anticompetitive agreements by abusing the dominant position in the market.