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

  • Shalvi Chauhan
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  • Shalvi Chauhan

    LL.M. Student at SRM University, Haryana, India

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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.




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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