Abuse of Dominant Position in India: An Analysis

  • Dr. Gayatri N M and Amarthyasen M H
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  • Dr. Gayatri N M

    Assistant Professor at CMR University School of Legal Studies, India

  • Amarthyasen M H

    LL.M. Student at CMR University, School of Legal Studies, Bengaluru, India

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Abstract

In developing economies like India, competition law enables fair markets and supporting long-term economic stability. These laws are especially important in ensuring new and smaller businesses have a fair market at early stages without being thrown out by monopolistic giants or unfair trade practices. India’s competition framework has its roots in two major laws the Monopolistic and Restrictive Trade Practices Act of 1969 and the recent Competition Act of 2002. These repealed and Newly Enacted laws laid the groundwork for a modern approach to regulate market power and ensured an equal market, Over the years, several cases have helped to define what constitutes abuse of dominance in the Indian context. Which have brought much-needed clarity to the enforcement of these laws. Those cases were examined by the Competition Commission of India (CCI) and, in some instances, reviewed by the Competition Appellate Tribunal, illustrating the legal process involved in addressing anti-competitive conduct. This article looks at the evolution of India’s competition policy, highlights landmark decisions, and explains how abuse of dominance is investigated and adjudicated under current Indian law

Keywords

  • Competition
  • Developing Economies
  • Abuse of Dominance
  • Anti-Competitive Agreement

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 4708 - 4718

DOI: https://doij.org/10.10000/IJLMH.1110100

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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