1 / 6

ABA Spring 2009 Meeting- Section of International Law

ABA Spring 2009 Meeting- Section of International Law. Panel on Antitrust in the East Presentation on Indian Competition Act— Abuse of Dominance Vinod Dhall, DHALL LAW CHAMBERS, India In co-operation with LINKLATERS LLP. What is dominance?.

elmer
Télécharger la présentation

ABA Spring 2009 Meeting- Section of International Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. ABA Spring 2009 Meeting-Section of International Law Panel on Antitrust in the East Presentation on Indian Competition Act— Abuse of Dominance Vinod Dhall, DHALL LAW CHAMBERS, India In co-operation with LINKLATERS LLP

  2. What is dominance? • Position of strength in relevant market enabling enterprise to: • Operate independently, or • Affect competitors, consumers, market in its favour • Factors to be considered include: • Market share; no threshold prescribed • Entry barriers • Size and resources of enterprise • Size and importance of competitors • Vertical integration • Countervailing power • Others

  3. Abuse • Dominance itself not prohibited, but is objective condition or abuse • Abuse of dominance by enterprise (or by group) prohibited • Following practices shall be abuse: • Imposing unfair or discriminatory condition or price • Limiting production, technical or scientific development • Denial of access • Supplementary, unconnected obligations • Using dominance in one market to enter/protect other market • Predatory pricing

  4. Remedies • Cease and desist order • Penalty up to 10% of turnover ( global) • Order for division of dominant enterprise • Any other order / direction • Injured parties may bring follow-on damages claims before Appellate Tribunal • Commission can punish for contravention of its orders/ directions • Individual employees also liable • No private enforcement

  5. Comments • Wording similar to EC Art 82 • But, list of abuses is exhaustive • Formulation is form based • But, includes ‘meeting competition’ defence • Predatory pricing- no recoupment requirement • No case law yet • Direction of future enforcement? • a form-based approach, or • competitive impact of unilateral conduct, • based not only on competitive factors

  6. Vinod Dhall, Dhall Law Chambers, Dewan Manohar House, B-88, Sector 51, Noida, U.P., India-201301 Phone:+91-120-4547551, Fax:+91-120-4547550 Vinod.dhall@dhall-lawchambers.com, dhall.vinod1@gmail.com

More Related