Competition Synopsis
Competition Synopsis
Competition Synopsis
Competition Law
SUBMITTED BY
Semester – IX (2015-026)
B.A.LL.B. (Hons)
Submitted to
India began its journey of transformation from a closed economy to a liberalized market
economy in 1991. India has since 1991, grown tremendously as a market and economic
powerhouse but when competition law was introduced in India in the form of the Competition
Act 2002 there were severe resistance from the Indian industry which claimed that Indian
market had not achieved the scale ad dynamics which merit a modern competitive law regime
being enforced – although, the number of complaints and investigations under the Indian
competition regime since 2009 has provided the contrary.
The Act finally came into effect in a phased manner, with significant amendments in 2007. The
provisions relating to anti-competitive agreements and abuse of dominance came into effect in
May 2009 and the provisions in relation to merger control came into effect in June 2011.
The Competition Commission of India (CCI) is the regulatory body established under the Act
to administer the provisions of the Act and the Competition Appellate Tribunal in the appellate
body. The substantive test and the benchmark for analysis under the Act is to prohibit practices
which have an appreciable adverse effect on competition in India.
RESEARCH METHODOLOGY
STATEMENT OF PROBLEM
In order to assess the concept of Abuse of Dominance and the penalties levied thereby, the
approach of Competition Commission of India and its evolution with the mature jurisdictions.
The primary aim of this research work is to highlight the concept of Abuse of Dominance under
Competition Act, 2002 in India. Research paper will first look to the framework of Abuse of
Dominance cases in India and the way Competition Commission of India and COMPAT are
dealing with the situation.
OBJECTIVES
HYPOTHESIS
It is hypothesized by the researcher that the existing concept for Abuse of Dominance under
Competition Law in India is capable to avoid such problems and the penalties levied are
justifiable. Also that Competition Commission of India has already evolved into a mature
framework.
RESEARCH QUESTIONS
1. How is Abuse of Dominance determined and understood in light of the provisions under
the Competition Act, 2002?
2. What is the legal framework pertaining to determination of Abuse of Dominance in
India and the same under the jurisdiction of EU and USA?
3. Whether there is a reasonability among the penalties levied by the commission and
whether it has grown into a matured frame work?
METHODOLOGY
“Doctrinal (Non-Empirical) Method of Research” has been relied upon for conducting the
research. For the purpose of research Books, Reports of Competition Commission of India,
research projects related to Relevant Market have been relied upon.
MODE OF CITATION
A uniform system of Bluebook citation has been adopted throughout the research project.
BIBLIOGRAPHY
Books:
2. T. RAMAPPA, COMPETITION LAW IN INDIA: POLICY, ISSUES, AND DEVELOPMENTS (2nd ed. 2009).
3. ABIR ROY & JAYANT KUMAR, (2008).
4. AVTAR SINGH & HARPREET KAUR, COMPETITION LAW (1st ed. 2012).
9. Ankita Kashyap “Enterprise 'And' Dominant Position 'Under Competition Act” Indian
Streams Research JournalVolume-3, Issue-11, Dec-2013 ISSN 2230-7850' - This paper
analyses the definition of 'enterprise' as defined under the Competition Act, 2002. It
highlights that only business entities are not considered as an enterprise but revenue
generating organizations including National Sports Federations fall under the purview of
definition of an 'enterprise'. The author attempts to explain this with the help of the BCCI
case study, a recent case decided by the Competition Commission of India. This paper also
throws light on the factors that determine the dominant position and the abuse of the said
dominant position.