Competition Law: Dominant Position and Its Abuse: Abuse of Dominant Position in US and EU

Abstract

The concept of abuse of dominant position in US and EU has some basic differences and it is interesting to note that the competition law in India has seen a shift from more reliance on EU than US in dealing with abuse of dominance cases. This is quite evident from the fact that the concept of ‘monopolistic trade practices’ under the MRTP Act was more near to US law of ‘monopolisation’ while the concept of ‘abuse of dominance’ under the Competition Act is more nearer to the EU text in Article 102 which prohibits abuse of a dominant position. While there is a basic distinction in enforcement approach in EU and US, i.e. in US, there is a criminal enforcement of anti-trust laws while in EU it is administrative. India has followed the administrative model in EU.