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Article Volume 7 Issue 3 444 - 452 May 8, 2024

Unfair Trade Practices: A Legal Analysis within the Scope of Competition Act, 2002

Lead author · Corresponding
Shalvi Chauhan
LL.M. Student at SRM University, Haryana, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.117516
Abstract

Unfair trade practices represent a significant challenge within the realm of competition law, necessitating a thorough legal analysis within the purview of the Competition Act, 2002. This paper delves into the multifaceted landscape of unfair trade practices, aiming to elucidate their legal intricacies, historical underpinnings, enforcement mechanisms, and socio-economic ramifications. This research paper provides a comprehensive examination of unfair trade practices within the framework of the Competition Act, 2002, focusing on their legal analysis and implications. The study addresses six key research questions to unravel the intricacies of this complex subject matter. Firstly, it delves into the definition and various manifestations of unfair trade practices as delineated under the Competition Act, 2002, exploring the legal nuances and precedents that shape their interpretation. Secondly, it traces the historical and legal foundations of competition law, elucidating how the legislative framework has evolved over time to confront modern unfair trade practices. Thirdly, the paper scrutinizes the primary legal mechanisms and enforcement tools available to combat unfair trade practices, assessing their efficacy in practice through a critical lens. Fourthly, it examines the multifaceted impacts of unfair trade practices on consumers, businesses, and overall market dynamics, dissecting the economic and social ramifications therein. Fifthly, the study identifies and analyses the major challenges faced by regulatory authorities in identifying, preventing, and addressing unfair trade practices, offering insights into potential solutions. Finally, the paper proposes recommendations for strengthening the effectiveness of competition laws in addressing emerging unfair trade practices, paving the way for enhanced regulatory frameworks and policy interventions.

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Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 444 - 452
DOI: https://doij.org/10.10000/IJLMH.117516
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CC BY-NC 4.0 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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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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