Abuse of Dominant Position - A Comparative Analysis

Abstract

Blooming competition is the core of a fertile market area. A market typically contains various participants with various proportions of money and resources. Some players have enormous wealth and, thus, more market dominance. These major businesses have a tendency to control the market by adopting monopolistic methods, therefore engaging in anticompetitive conduct. This impacts minor market participants and new entrants. Therefore, there was a need for a special regulation to ensure that no player exceeds a set limit and engages in monopolistic actions. Therefore, it is clearly indicated by the act that it does not prohibits restriction of market dominance, a strong position of a company in market or a monopoly. The object of law on dominant position abuse is to achieve the fair line dealing in the industry or business by forbidding the abuse or actually misuse of dominance of such kind to the antipathy of non-dominant competitor in the competition and market. The quote stated by Stan Lee, known by other name “Peter Parker Principle” i.e., “with great power, comes great responsibility”, it exquisitely characterizes the concept of dominance of market. It is the hidden principle around the extensive competition law regulates around the world. It is an indispensable notion in extant times. It is often vocalizing that companies or several set or groups of company in its domain market uses its dominant position, which is abusive to other contenders in the said market. Abuse of Dominant Position in India is underlined in section 4 of the Act on Competition Law. It is important to get with an idea that it is not per se dominant position an issue, but it’s abuse in a wrong manner is an issue. The issue or the concept of Dominant Position is not only limited to Indian Markets, it is a worldwide paragon where almost all the countries are containing laws on prohibition of abuse of dominant position by competition laws to vitalize fair market play and increase fair competition in the market. This research examines an evolution of the idea of abuse of dominance and competition law, as well as the viewpoints lawmakers of India as well as viewpoints of judges for the subject. In addition, this research aims to conduct a distinguished examination of ‘Dominance Abuse in India and USA’.