Anti-big, Anti-global? India's Competition Law and Policy for Dominant Enterprises

Abstract: This paper critiques India’s Competition Act, 2002, and its implementation, arguing that the act reflects an inherent bias against large enterprises. The paper examines the Competition Commission of India’s inconsistent approach in abuse of dominance cases, oscillating between form-based and effects-based analyses. It highlights challenges in defining relevant markets, establishing dominance, and calculating penalties on the basis of inconsistent standards. It also explores the complexities of regulating digital markets. The author advocates for a more nuanced, evidence-based approach that does not penalize scale and considers actual harm to competition and consumers

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