Determination Of Relevant Market – ‘Easier Said Than Done’

With progress comes new set of challenges; same is true in context of the challenges faced by Indian Competition watchdog. With the enactment of the Competition Act 2002 ('the Act') our competition regulator Competition Commission of India ('CCI') was entrusted with the task of assuring that the Indian market operate in a competitive environment.

Under all circumstances, the CCI is obligated to curtail any abuse of dominance by a market player. For this the CCI relies on the investigation conducted by the Director General (DG), who determines whether the market player is abusing its dominant position or not and thereafter the CCI pronounces its order. Such order passed by CCI is premised on the said scrutiny of each factor mentioned in Article 19(4) of the Act.