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Legal Treatment of Abuse of Dominance in Indian Competition Law: Adopting an Effects-Based Approach

Authors
  • Malik, Payal1, 2
  • Malhotra, Neha3
  • Tamarappoo, Ramji3, 4
  • Uberoi, Nisha Kaur5
  • 1 Competition Commission of India, New Delhi, India , New Delhi (India)
  • 2 University of Delhi, PGDAV College, Nehru Nagar, New Delhi, 110065, India , New Delhi (India)
  • 3 Nathan Economic Consulting India Private Limited, No. 45, G-C, Ground Floor, George Ponnaiya Building, TTK Road, Alwarpet, Chennai, 600 018, India , Chennai (India)
  • 4 Nathan Associates Inc., 1777 N. Kent St., Suite 1400, Arlington, VA, 22209, USA , Arlington (United States)
  • 5 Competition Law Practice, Trilegal, 311 B, DLF South Court, Saket, New Delhi, 110017, India , New Delhi (India)
Type
Published Article
Journal
Review of Industrial Organization
Publisher
Springer US
Publication Date
Aug 18, 2018
Volume
54
Issue
2
Pages
435–464
Identifiers
DOI: 10.1007/s11151-018-9651-y
Source
Springer Nature
Keywords
License
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Abstract

Abuse of dominance investigations around the world are often form-based, primarily centred on the pre-requisite of dominance. This may lead to false positives or restrict innovation in today’s dynamic and complex markets. Accordingly, abuse of dominance enforcement requires a shift towards adopting an effects-based approach, weighing pro and anticompetitive effects and considering efficiency justifications. The European Union is increasingly moving in this direction, as is demonstrated by its case law that is analysed in this paper. The paper also explores competition law in India—traditionally a form-based jurisdiction for abuse of dominance investigations—and finds an encouraging trend towards an effects-based approach.

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