provision of services for such export. Prohibition of abuse of dominant position 4. Abuse of dominant position. - [(1) No enterprise or group shall abuse ... dominant position.] (2) There shall be an abuse of dominant position [under sub-section (1), if an enterprise or a group],- (a) directly or indirectly
parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain ... foregoing principle, a person is deemed to be in a position to dominate the will of another— (a) where he holds a real or apparent
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
further submitted that excessive
pricing by a dominant undertaking is universally recognized as abuse of
dominant position. The European Court of Justice has explicitly recognized ... 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
Orders by Commission after inquiry into agreements or abuse of dominant position. -
Where after inquiry the Commission finds that any agreement referred to in section ... action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass
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
opposite parties which are stated to emanate from the dominant position of the
opposite parties in the relevant market. The informant has defined production ... issue of dominance in the said relevant market. By virtue of explanation (a) to
section 4 of the Act, 'dominant position' means
were coerced by the
appellant who took advantage of his dominating position,
into passing the resolutions on October 16, 1945, and those
resolutions were ... ineffective. He observed that Ladli Prasad took undue
advantage of his dominating position qua the affairs of the
Company and compelled the defendants
