EMERGENCE OF ESSENTIAL FACILITIES DOCTRINE VIS-À-VIS MARKET STRUCTURE IN INDIA
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Abstract
This essay elucidates the market structure of India, the monopoly situation in the market before pre-liberalization and the effect of policies to market players post liberalization. The discussion then focuses on the emergence of essential facility doctrine in the purview of competition law in India, the origin of the doctrine and its essentials. The applicability of this doctrine in various market competitions are discussed. It is concluded that there is a possibility of application and existence of the doctrine in the competition laws in various sectors.
The political, economic and social milieu of India is quite distinct from the western world and this is relevant when such a doctrine is applied to the Indian context. The preamble of the constitution of India defines its economic structure as Socialist, implying that any economic activity especially secondary will be undertaken by government for the benefit of the masses. India chose a mixed economy model – a model that was a mix of capitalist as well as socialist economy. This left the market with sole players in different ventures of the market. Pre-liberalisation, the players in the market being the sole provider for the goods created a monopoly like circumstances in different industries.
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