A Comparative Study of Competition Law in Ind...

A Comparative Study of Competition Law in India with US and the EU: With Special Reference to the Abuse of Dominant Position

Author Name : Khushbu Maan

ABSTRACT The contrast between the concept of abuse of dominant position in the US and EU is noteworthy, especially considering the evolution of competition law in India. It's evident that India has shifted its approach, leaning more towards the EU framework than the US when dealing with abuse of dominance cases. This shift is apparent in the comparison between the MRTP Act's concept of 'monopolistic trade practices' and the Competition Act's concept of 'abuse of dominance,' which aligns closer to the EU's Article 102 prohibiting abuse of dominant positions. While enforcement approaches in the EU and US differ fundamentally, with criminal enforcement prevalent in the US and administrative in the EU, India has opted for the administrative model akin to the EU.