An Analytical Study On Abuse Of Dominant Position Under Competition Act, 2002
- IJLLR Journal
- Jun 19, 2025
- 1 min read
Sharavan Kumar Dubey & Neha Roy Choudhury
ABSTRACT
This paper presents a comprehensive analysis of the concept of abuse of dominant position under the Indian Competition Act, 2002, with comparative references to international frameworks, especially the European Union’s Article 102. The study delves into the statutory provisions, interpretative guidelines, and judicial pronouncements that have shaped the enforcement landscape in India. It identifies the criteria for determining dominance and the types of abusive conduct, such as predatory pricing, denial of market access, tie-in arrangements, and discriminatory practices. The role of the Competition Commission of India (CCI) in investigating and remedying anti-competitive conduct is critically examined, highlighting procedural nuances under Sections 19, 26, 27, and 28. Using landmark judgments like Belaire Owner’s Association v. DLF Ltd. and CCI v. SAIL, the paper illustrates how the law balances market freedom and consumer protection. Additionally, it discusses exclusionary and exploitative abuses with detailed case insights. The study concludes by emphasizing the need for a nuanced approach that encourages innovation and competition while deterring anti- competitive behaviour. It contributes to the academic and policy discourse on fostering fair competition in India’s evolving market economy.
Keywords: Abuse of dominance, Competition Act, CCI, predatory pricing, market access, anti-competitive practices, relevant market, dominant position.
