Invoking of Section 4 of the Competition Act: First criteria ‘Dominant Position’ thereafter ‘Abuse of Dominant Position’

Section 4 of the Competition Act, 2002 prohibits abuse of dominant position by any enterprise or group. Abuse of dominance dominant position means, (i) imposition, either directly or indirectly, of unfair or discriminatory purchase or sale prices or conditions, including predatory prices of goods or service; (ii) limiting or restricting production of goods or provision of service; (iii) indulging in practices resulting in denial of market accesses; (iv) making the conclusion of contracts subject to acceptable by other parties of supplementary obligations, and (v) using dominant position in one market to enter into or protect other market. To invoke Section 4 of the Act, the pre-condition is that the enterprise or group should enjoy the status of dominant position and there shall be abuse of such dominant position as envisaged under section 4(2) of the Act. Read less