A Comparative Analysis Of Legislative Framework Of Competition Law And Abuse Of Dominance Provisions In US, EU And India

Anindya Sinha, LLB (Hons.), Amity Law School, Noida

Dr. Ekta Gupta, Professor, Amity Law School, Noida, Faculty Supervisor

ABSTRACT

Competition plays a vital role in the operation of markets. It fosters innovation and injects energy and vitality into the economy. Efficiency and delivering a wide range of high-quality products are crucial for a firm to stay ahead of its competitors. However, competition often leads to rivalry, causing competing firms to engage in unfair trade practices in order to maximize profits and outperform each other. Competition law encompasses the rules and regulations put in place to ensure a level playing field for all participants in the market, safeguard consumer interests, and hold accountable those who abuse their power. Competition law goes by various names in different countries, such as antitrust law in the USA, anti-monopoly law in China, and competition law in the EU and India. The objective of this research is to analyse the legislative framework of competition laws and abuse of dominance provisions specifically in EU, US and India. The dominance of an enterprise is determined by its capacity to operate independently from market dynamics or to exert influence over its competitors or consumers in order to gain advantages in its favour. While it is not forbidden to hold a position of dominance, the act of abusing that status is prohibited.1 The abuse of power has a detrimental impact on the market as it suppresses competition without allowing other firms a fair opportunity.