Legal Treatment of Abuse of Dominance in Indian Competition Law: Adopting an Effects-Based Approach
Payal Malik (),
Neha Malhotra (),
Ramji Tamarappoo () and
Nisha Kaur Uberoi ()
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Payal Malik: Competition Commission of India
Neha Malhotra: Nathan Economic Consulting India Private Limited
Ramji Tamarappoo: Nathan Economic Consulting India Private Limited
Nisha Kaur Uberoi: Competition Law Practice, Trilegal
Review of Industrial Organization, 2019, vol. 54, issue 2, 435-464
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.
Keywords: Abuse of dominance; Competition; Effects-based; Form-based; India (search for similar items in EconPapers)
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