The Asia-Pacific Antitrust Review 2017

India: Abuse of Dominance

The enactment of the Competition Act 2002 (the Act), the principal legislation governing competition law in India, along with the establishment of the Competition Commission of India (CCI)1 as its chief enforcement authority, has been one of the biggest game changers in the Indian regulatory space. The Act regulates markets in India with the objective of promoting and sustaining competition and, more importantly, protecting consumer interests. Akin to competition regimes in mature jurisdictions, India’s competition law covers within its ambit the regulation of anticompetitive conduct, abuse of dominance and unilateral conduct, and combinations. This article focuses on enforcement of provisions relating to unilateral conduct of enterprises and explores the trends in this area, which are steadily evolving on a case-by-case basis.

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