International Journal For Multidisciplinary Research

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A Comparative Analysis of Abuse of Dominant Position between India and UK.

Author(s) Vishnu Bharadwaj
Country India
Abstract By making a distinction between companies that gain dominance via fair competition and those that abuse it to suppress market rivalry and take advantage of customers, India's Competition Act, 2002 seeks to prohibit the abuse of dominant market positions. Unfair pricing and discriminatory conditions that harm competitors and restrict consumer options are examples of behaviors that are addressed by the Act. In order to uphold the Act and encourage competitive market conditions that benefit customers and the expansion of the sector as a whole, the Competition Commission of India (CCI) was founded. But it might be difficult to tell the difference between abuse and legitimate authority. Key terminology like "enterprise" and "group" are defined throughout the Act to make its scope more clear. An "enterprise" is any organization that produces, distributes, or controls goods and services, whereas a "group" is made up of several businesses that have substantial voting rights or managerial authority over one another. Abuse of a dominating market position is prohibited by Section 4 of the Act, which lists actions such as restricting market access, unfair pricing, and barring rivals. Two primary viewpoints are used to assess dominance: structural (market share) and behavioral (capacity to function independently of rivals). When evaluating market power, the behavioral definition is used since it is more thorough. Prior to the Act, market share was the main determinant of dominance; however, the SVS Raghavan Committee placed a strong emphasis on analyzing a company's effect on competition. Comparably, in accordance with EU legislation, Section 18 of the UK's Competition Act 1998 forbids the misuse of market dominance. It draws attention to actions such as discriminatory terminology, restricting policies, and unfair pricing. By addressing matters such as merger control and market investigations, the Enterprise Act of 2002 promotes competition even more. In the UK, competition laws are enforced by the Competition and Markets Authority (CMA). Although the competition rules of the UK and India are similar, the UK Act more closely resembles EU law, particularly with regard to market dominance, albeit with minor jurisdictional distinctions.
Keywords UK Law, Indian Law, Competition Law, Abuse of dominant Position.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 1, January-February 2025
Published On 2025-01-12
Cite This A Comparative Analysis of Abuse of Dominant Position between India and UK. - Vishnu Bharadwaj - IJFMR Volume 7, Issue 1, January-February 2025. DOI 10.36948/ijfmr.2025.v07i01.34950
DOI https://doi.org/10.36948/ijfmr.2025.v07i01.34950
Short DOI https://doi.org/g82gtx

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