与印度实体市场滥用支配地位有关的竞争问题:描述性分析

Nidhi Shanker
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引用次数: 0

摘要

竞争法基本上是一部规范市场竞争的法律。它是执行竞争政策和防止对竞争产生不利影响的做法的一种手段。在印度,2002 年《竞争法》是现行的竞争监管框架。本研究工作的重点是以解释性方式定义上述法案第 4 条中的滥用支配地位一词,并处理由此产生的问题。此外,还广泛讨论了确定企业滥用支配地位所要考虑的三个因素,即确定相关市场、分析支配地位、确定滥用这种支配地位。由于市场经济中的企业围绕着价格和旨在获取利润和扩大业务的战略展开,因此它们会采取某些不公平或歧视性的定价做法,其中也包括掠夺性定价,因此,我们努力解释了掠夺性定价、滥用供应支配地位或采取其他反竞争做法以及通过滥用市场支配地位达成反竞争协议等问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Competition issues relating to abuse of dominance in physical market in India: A descriptive analysis
Competition law is basically a law to regulate the competition in the market. It is a means to implement competition policy and prevent the practices having adverse effect on competition. In India, the Competition Act, 2002 is the current competition regulatory framework. This research work has focused on defining the term abuse of dominance under section 4 of the said Act in explanatory manner and dealing with the issues arising due to it. The three factors, i.e. determination of relevant market, analysis of the dominant position, ascertaining the abuse of such dominant position, that are taken into consideration in order to ascertain the abuse of dominance by an enterprise are also discussed extensively. Since the enterprises in the market economy revolves around prices and strategies aimed at gaining profit and expanding their business, therefore they undertake certain unfair or discriminatory pricing practices that include predatory pricing as well, therefore endeavour has been made to explain the issues of predatory pricing, abuse of dominance in supply or in undertaking other anticompetitive practices and entering into anticompetitive agreements by abusing the dominant position in the market.
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