Author(s): Amitesh Deshmukh

Abstract: This article examines the developing jurisprudence on abuse of dominance under the Competition Act, 2002. It describes the statutory framework, especially how dominance is defined and what factors the Competition Commission of India (CCI) takes into account when assessing market power, dominance and its abuse. The discussion highlights several leading matters such as DLF, Excel Crop Care, Google Android and Meta/WhatsApp, which show how regulators and appellate bodies are using both legal and economic reasoning for questions of exclusionary conduct, discriminatory conditions, and also leveraging of market strength. Particular attention is placed on recent actions in the digital sector and quick-commerce, where problems of data use, heavy discounting and neutrality of platforms is testing the old doctrines. The article also reviews the scope of remedies, including monetary fines and behavioural obligations, and point towards judicial concern with proportionality and due process. It finally concludes that balancing innovation, consumer welfare and fair competition remain a difficult challenge in India’s fast changing economy.

DOI: 10.22271/civillaw.2025.v5.i2d.175

Pages: 327-331 | Views: 144 | Downloads: 86

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