Study of Abuse of Dominant Position

A perfect competition is a boon for the consumer as it can maximize its welfare.Unfortunately the position is not the same for seller, as for him blessing would come in the shape of enjoying the monopoly.The monopolists control the market and can increase the prices or reduce the volume of goods to be infused in the market.Well in proper terms this position is definitely called a "dominant" position, as to how one or few people can actually bring a standstill in the market and affect the customers at large along with detrimental effect on its competitors in the market.Looking into the dictionary meaning of "dominance" one would find having control or influence over other as the meaning which can definitely not be termed as adverse.It is only when the word is prefixed by "Abuse" that makes it a matter of concern.We have the Competition Act, 2002 which aims at encouraging competition and shielding Indian markets against anti-competitive practises like "abuse of dominance" forming vital part of.The mere fact of dominance is inconsequential in so far as attracting the Act is concerned.Abuse of dominance is what is required to be proved.There are numerous factors determining dominance of an enterprise, like market share, economic power, entry and exit barriers to name a few.The paper will address the economic concept of dominance before attempting a narrative which can do justice to the title.This paper attempts to look at dominance and its abuse with supporting case laws and experiences along with coming of the Competition Act, 2002 to chain the menace of Abuse of Dominance.In addition the paper will have comparisons with the international scenario in this respect.