Abuse of Dominance under Indian Competition Law as Compared to the EU Competition Law​’

Shivansh Jain
School of Law, NMIMS, Mumbai, India

Volume III, Issue IV, 2020

The Competition regime is still in its nascent stage when it comes to India, with the Competition Act coming into force in 2002. However, the competition regulation in the European Union (EU) region dates back to the late 18th and early 19th centuries. Competition in India is regulated by the Competition Commission of India (CCI), whereas the European Commission (EC) overlooks the same in the European Union region.

This research study aims to study and analyse in detail the differences and similarities between the two competition policy regimes. One of the major aims of this study would be to point out the procedural aspects of abuse of dominance and how do the courts and authorities go about dealing with a problem on this issue.

The reason to choose this area of antitrust law as the topic for the purpose of this study is to point out and establish the relation of the Indian Antitrust policy to either the EU Antitrust policy or the US Competition Policy. These two jurisdictions were chosen in particular as these are the ones where the competition policy is the strongest as well as the oldest in the world. Therefore, it is very much possible that the Indian policy might be bent more towards one side as compared to the other.