Abuse Of Dominant Position “Dominance In The Relevant Market Is Necessary For Predatory Pricing U/S 4 Of The Competition Act, 2000”

Neeraj Nagar, Assistant Professor, IPEM Law Academy

ABSTRACT

This is an axiomatic principle applicable to every sphere of our day-to-day lives, but specifically more so to the field of Competition Law and this paper is an elucidation on the subject of 'Abuse of Dominant Position' as identified and defined under Section 4 of The Competition Act, 2002 and in particular 'How dominance in the Relevant Market is necessary to Predatory Pricing' This paper at the outset defines the key terms 'Competition Law', 'Relevant Market', 'Dominant Position' , 'Predatory Pricing', ' Factors to be considered by CCI to determine Dominant Position' thereafter this paper discusses the applicability of the provisions of this act in India and how dominance in relevant market is necessary to predatory pricing citing leading case laws and in conclusion the paper discusses how the global perspective is more or less in sync with the Indian view in preventing abuse of dominant position and urges the regulatory authorities to have a more pragmatic and open view and not be restricted to only the legal aspect of competition laws.

Keywords: Dominant Position, Competition law, Pricing, Relevant Market, Predatory Pricing