Scrutinizing the notion of abuse of dominant position in India and the European Union

Abstract

The abuse of dominant position is a significant issue in competition law, impacting both consumer welfare and market dynamics. To address this, nations like India, the EU, the USA, and the UK have enacted comprehensive legislation. In India, rules to curb misuse of dominance were first established in 1969, evolving over time. The Competition Act of 2002 now governs this area, prohibiting practices that distort market balance. The Competition Commission of India enforces these regulations. Similarly, the EU has had a legal framework since 1958, with the European Commission updating rules to tackle contemporary challenges. The 2023 guidelines emphasize protecting consumer welfare by curbing abusive practices and discriminatory pricing. This chapter analyzes the concept of abuse of dominant position in both the Indian and EU legal frameworks, examining relevant case laws and recent European Commission guidelines. © 2024, IGI Global. All rights reserved.