Abuse of Dominant Position

Abuse of a dominant position is a key concern in competition law, where businesses use their market power to distort competition detrimentally. This course explains the regulatory framework for identifying dominance, types of abusive behavior, and the impact on markets and consumers. It also covers the role of competition authorities in curbing such practices through legal and economic lenses.

• To clarify the legal definition of dominance and its abuse.
• To educate participants on recognizing and evaluating abusive practices.
• To illustrate the enforcement mechanisms used by competition authorities.
• To discuss case studies to understand the implications of such abuse in real-world scenarios.

• Define what constitutes a dominant position and abuse of that position under law.
• Analyze various forms of abusive conduct including predatory pricing, exclusive dealing, and tying.
• Examine the role of the Competition Commission of India (CCI) and similar international bodies in enforcing regulations against such abuse.
• Explore legal remedies and penalties for companies found guilty of abusing their dominant position.

Module 1: Introduction to Market Dominance

• Concepts of market power and dominance in competition law.
• Criteria used to determine a dominant position in different markets.
• Economic theories underpinning the regulation of market dominance.

Module 2: Forms of Abusive Practices

• Overview of practices considered as abuse of dominant position, such as predatory pricing, refusal to deal, and exclusive agreements.
• Detailed discussion on each type of abuse with examples from various industries.
• Impact of these practices on competition and consumer welfare.

Module 3: Legal Framework and Case Law

• Examination of the Competition Act, 2002 provisions related to abuse of dominance.
• Review of landmark cases in India and internationally that shaped the interpretation of abuse.
• Comparative analysis with other major antitrust jurisdictions like the EU and the US.

Module 4: Enforcement and Compliance

• Role of the Competition Commission of India in investigating and penalizing abuse of dominance.
• Procedures for companies to defend against allegations of abusive behavior.
• Best practices for compliance programs to prevent abusive practices.

Module 5: Economic Analysis and Impact Assessment

• Economic analysis tools to assess the harm caused by abusive practices.
• Methodologies for proving the anti-competitive effect of certain behaviors.
• Role of economic experts in litigation and compliance.

Module 6: Remedies and Penalties

• Discussion on the range of remedies available for abuse of dominance from fines to structural remedies.
• Case studies on the imposition of penalties and behavioral remedies by regulators.
• Strategies for remediation and avoiding recidivism.

• Corporate executives and business owners.
• Legal professionals and law students focusing on competition law.
• Compliance officers and regulatory affairs professionals.
• Economists and business consultants interested in market dynamics.