Addressing the Abuse of Dominance in India Under the Competition Act, 2002

Abstract

The regulation of abuse of dominance within India's competition law framework is pivotal for ensuring equitable competition, market efficacy, and consumer well-being. This research paper delves into the intricate dimensions of addressing abuse of dominance within the Indian context, shedding light on the legal framework, enforcement mechanisms, case precedents, and emerging hurdles. Commencing with an exhaustive overview, the paper meticulously examines the legal framework dictating abuse of dominance, elucidating the provisions enshrined in the Competition Act, 2002, and pertinent regulations. Through a thorough analysis of statutory clauses and judicial interpretations, it delineates the criteria and benchmarks utilized for discerning and adjudicating instances of abuse of dominance, thereby providing insights into the evolving jurisprudence in this sphere. Drawing from a diverse array of case laws and precedents, the paper traverses through seminal judgments and enforcement actions undertaken by the Competition Commission of India (CCI) to address abuse of dominance. Through meticulous case analyses, readers are furnished with a deeper comprehension of the enforcement mechanisms deployed by the CCI, encompassing investigative processes, adjudicatory proceedings, and the imposition of remedies and sanctions. Moreover, the paper delves into emerging challenges and discourse surrounding abuse of dominance, encompassing its intersection with digital markets, burgeoning technologies, and the phenomenon of globalization. By scrutinizing contemporary issues such as platform hegemony, apprehensions regarding data privacy, and ramifications of cross-border transactions, the paper furnishes insights into the intricate facets of regulating abuse of dominance within India's dynamic market milieu. In conclusion, this research paper furnishes a comprehensive exploration of the strategies, mechanisms, and impediments entailed in addressing abuse of dominance under competition law in India. By amalgamating legal tenets, case dissections, and contemporary developments, the paper seeks to enrich the scholarly dialogue on competition law enforcement and proffer pragmatic insights for policymakers, practitioners, and stakeholders navigating the convolutions of India's competitive landscape.