COMPETITION LAW IN INDIA: ANTI-COMPETITIVE AGREEMENTS AND UNDERSTANDING THE INADEQUACY OF THE PER SE RULE
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Abstract
In India after the economic reforms of 1990, the country saw a shift in its economic scenario wherein there arose a need for change in the existing competition laws, where the main objective, was to curb monopolies rather than promoting competition. It was in this view, i.e., to promote competition that a new legislation governing the competition practices came into force. Competition Act, 2002, which is a nascent legislation, governs competition Law in India and therefore competition law is in a developmental stage in India. Competition Act deals with prevention of any practices that cause any appreciable adverse effect on competition in a relevant market, under heads of anti-competitive agreements, abuse of dominant position, combinations and regulation of combinations. Furthermore this paper would provide with an in depth analysis of anti-competitive agreements and abuse of dominant position in competition law in India. In addition to the aforementioned objective, this paper will also attempt to illustrate the need for the shift of application of the per se rule to the reasonable test rule in matters adjudging AAEC.
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