services for such export. Prohibition of abuse of dominant position 4. Abuse of dominant position. - [(1) No enterprise or group shall abuse its dominant position ... position in one relevant market to enter into, or protect, other relevant market. Explanation. - For the purposes of this section, the expression- (a) "dominant position
Competition Act, 2002
19. Inquiry into certain agreements and dominant position of enterprise. -
(1) The Commission may inquire into any alleged contravention of the provisions ... Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section 4, have due regard
position. The European Court of Justice has explicitly recognized
that excessive prices imposed by a dominant undertaking will be an abuse of a
dominant position ... devised a two stage test to
determine whether a dominant form has abused its dominant position by
charging excessive prices as laid down in United
position. -
Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position ... abuse of dominant position, to discontinue and not to re-enter such agreement or discontinue such abuse of dominant position, as the case
They are anti-
competitive agreements, abuse of dominant position and regulation of
combinations which are likely to have an appreciable adverse effect on
competition. Thus ... rails. The SAIL, thus, was
alleged to have abused its dominant position in the market and deprived
others of fair competition and therefore, acted contrary
allegations, the Informant has alleged that
ACI has abused its dominant position under section 4 of the Act by not
allowing ACI Banks to choose ... dominant in the relevant market, even
in the incorrectly narrow anti-trust market as delineated by the DG, the issue
of abuse of dominant position
Section 60 in The Electricity Act, 2003
60. Market domination.–
The Appropriate Commission may issue such directions as it considers appropriate to a licensee ... licensee or generating company enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes
coal companies have acquired a dominant/ monopolistic position
in relation to production and supply of coal. The monopoly or dominant
Case ... issue of dominance in the said relevant market. By virtue of explanation (a) to
section 4 of the Act, 'dominant position' means
Competition Act, 2002
28. Division of enterprise enjoying dominant position. -
(1) The [Commission], may, notwithstanding anything contained in any other law for the time being ... division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position. (2) In particular, and without prejudice
such agreement is outside India; or (c) any enterprise abusing the dominant position is outside India; or (d) a combination has taken place outside India ... into such agreement or abuse of dominant position or combination if such agreement or dominant position or combination has, or is likely to have
