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Two Decades Of Competition Law In India: Evolution, Enforcement, And Emerging Challenges




Rasika, BCom. LL.B. (Hons.), Amity University, Noida


ABSTRACT


This article examines the Competition Act, 2002, and its enforcement in India, with a focus on key statutory provisions, landmark enforcement cases, and sector-specific market dynamics. Sections 3 and 4 of the Act prohibit anti-competitive agreements and abuse of dominance, while Sections 5–6 regulate mergers (“combinations”). We discuss seminal cases—such as the cement cartel investigation under Section 3, Google’s antitrust scrutiny, and the Amazon–Future Group–Reliance deal—to illustrate the law’s application. Judicial pronouncements (from appellate tribunals and the Supreme Court) have shaped how the Act is implemented, defining the scope of appeals and evidentiary standards. Sectoral examples from telecommunications, pharmaceuticals, and digital platforms highlight unique competition challenges. Finally, we propose policy reforms – including bolstering the CCI’s capacity, expediting case adjudication (through specialized competition courts), and adapting the law to digital-market realities (algorithmic collusion, data monopoly) – to enhance India’s competition framework.


Keywords:Competition Act 2002; Competition Commission of India (CCI); anti-competitive agreements; abuse of dominance; mergers; cartel; digital economy; sectoral regulation; policy reform.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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