"The Competition Act, 2002 does not prohibit dominance but the abuse of dominant position." Discuss.

CS Executive · Economic and Commercial Laws · PYQS · June 2015
"The Competition Act, 2002 does not prohibit dominance but the abuse of dominant position." Discuss.

Answer & Explanation:

Dominance refers to a position of strength which enables an enterprise to operate independently of competitive forces or to affect its competitors or consumers or the market in its favour. Dominance is not considered bad per se but its abuse is. Abuse is stated to occur when an enterprise or a group of enterprises uses its dominant position in the relevant market in an exclusionary or/ and an exploitative manner. Competition Act, 2002 gives an exhaustive list of practices that shall constitute abuse of dominant position and, therefore, are prohibited. Such practices shall constitute abuse only when adopted by an enterprise enjoying dominant position in the relevant market in India. Abuse of dominance is judged in terms of the specified types of acts committed by a dominant enterprise. Such acts are prohibited under the law. Section 4 of the Competition Act, 2002 expressly prohibits any enterprise or group from abusing its dominant position, meaning thereby a position of strength, enjoyed by an enterprise or group, in the relevant market, in India, which enables it to- operate independently of competitive forces prevailing in the relevant market; or affect its competitors or consumers or the relevant market in its favour".

Topics: Competition Act, 2002

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