Write a note on abuse of dominance under the Competition Act, 2002.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2019
Write a note on abuse of dominance under the Competition Act, 2002.
Answer & Explanation:
Abuse of dominance is judged in terms of the specified types of acts committed by a dominant enterprise alone or in concert. Such acts are prohibited under the law. Section 4(2) of the Competition Act, 2002 specifies the following practices by a dominant enterprise or group of enterprises as abuse of dominant position, when: directly or indirectly imposing unfair or discriminatory condition in purchase or sale of goods or service; directly or indirectly imposing unfair or discriminatory price in purchase or sale (including predatory price) o f goods or service; limiting or restricting production of goods or provision of services or market; limiting or restricting technical or scientific development relating to goods or services to the prejudice of consumers; denying market access in any manner; making conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; using its dominant position in one relevant market to enter into, or protect, other relevant market.
Topics: Competition Law
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