Abuse of dominant position competition law explained

Abuse of dominant position is an important concept under competition law. It deals with situations where a powerful company misuses its market strength. The law does not stop companies from becoming big or successful. It only steps in when such power is used unfairly. This concept helps businesses, professionals & consumers understand their rights and duties in the market. Knowing this concept is essential to ensure fair competition and consumer protection.

What is Dominant Position?

Dominant position refers to a company or enterprise that has strong economic power in a market. This power lets it act independently of competitive forces. It also means the enterprise can affect competitors, consumers or the market in its favour. A high market share often indicates dominance. But dominance is not only about market share. Other factors also matter. These include the size of the company. Its resources, the strength of competitors & barriers to entry. Having a dominant position is not illegal. What matters is whether the company abuses that position. Competition law prohibits abuse.

What is Abuse of Dominant Position?

Abuse of dominant position means a dominant company using its power unfairly against competition. It is not just about acting strongly. But acting unfairly or in ways that reduce competition. For example, a dominant company might set unfair prices. Or might limit other companies from entering the market. Such actions can harm consumers and competitors. Therefore, competition law forbids them.

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Legal Basis in India

In India, the Competition Act, 2002 deals with abuse of dominant position. Section 4 of the Act makes it an offence for an enterprise to abuse its dominant position in the relevant market. The law lists specific actions. That qualifies as abuse when committed by a dominant enterprise.

Key Forms of Abuse of Dominant Position

The following are the main kinds of abusive conduct. Competition authorities examine these:

‍Unfair or Discriminatory Pricing: This happens when a dominant firm sets unfair or discriminatory prices. It may involve predatory pricing too. Predatory pricing means selling below cost to weaken competitors.

Restricting Production or Services: A dominant company may reduce production. Or may limit services to harm competitors or control prices. This can hurt consumers and other firms.

Limiting Technical or Scientific Development: If a firm uses its position to stop new innovation or slow development then it can be abuse. Competition law protects innovation & consumer choice.

Denying Market Access: When a dominant firm blocks competitors from entering the market then this is abuse. Examples include refusing to supply essential inputs or access to infrastructure.

Tying and Supplementary Obligations: This is when a company forces buyers to accept extra products or conditions that have no link to the main product. This practice is also prohibited if it harms competition.

Leveraging Position in One Market to Another: Sometimes a company uses its strength in one market to gain an unfair advantage in another. This is also considered abuse.

How Abuse is Identified

Competition authorities first determine if a company is dominant in a relevant market. They look at product & geographic markets. The next step is to see if the conduct harms competition. The focus is on actual or potential harm. Authorities check whether dominant firms used practices that would weaken competition or exclude rivals. The law allows them to consider real market effects.

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Examples from Law & Cases

Here are the real cases where abuse was alleged.

European Union Cases

Google Android case: The EU fined Google for requiring manufacturers to install bundled apps. The practice restricted competition in mobile software markets.

British Airways case: The airline was found to have abused its position. By giving unfair bonus incentives to travel agents. Affecting competition.

AstraZeneca case: The company was fined for delaying the entry of generic drugs and misleading authorities.

India Cases

IndiGo scrutiny: In December 2025, India's competition regulator reviewed whether IndiGo abused its dominant position in the airline market by cancelling flights & hiking replacement fares.

Asian Paints probe: The Competition Commission of India (CCI) ordered an investigation in 2025 after complaints. That Asian Paints used exclusive deals and unfair incentives. Potentially abusing its dominance.

Meta penalty: Meta challenged a ₹213 crore penalty for abusing dominance through WhatsApp privacy conditions. The case shows emerging areas where abuse can occur.

These show how competition law works in practice. Investigations can lead to fines or other remedies.

Why Abuse of Dominance is Prohibited

Abuse of dominant position harms competition and consumers. It also harms innovation. It can lead to higher prices. It can lead to lower quality, fewer choices and blocked market entry for new firms. Competition law seeks to protect fair market conditions. The goal is not to punish size. But to prevent harmful conduct by those with market power.

Role of Competition Authority

In India, the Competition Commission of India (CCI) enforces competition law. CCI investigates and adjudicates cases of abuse. It can order penalties, remedies and behavioural changes. Globally, authorities such as the European Commission and national courts enforce competition laws. They monitor markets & act against abuse.

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Conclusion

Abuse of dominant position is a key concept in competition law. It means a dominant firm uses unfair or harmful practices to weaken competition. Laws like India's Competition Act, 2002 & similar laws in other countries forbid such abuse. The aim is to protect consumers and small businesses. Also to keep markets fair. Competition authorities investigate. They act to prevent anti-competitive conduct. This helps markets stay open and fair. Also healthy for all participants.

FAQs

Q1. Is having a dominant position illegal under competition law?

No. Having a dominant position is not illegal. Competition law allows companies to grow. It allows to become market leaders. The problem arises only when a dominant company abuses its power. In a way that harms competition or consumers.

Q2. Who decides whether a company has abused its dominant position?

In India, the Competition Commission of India (CCI) examines such cases. It studies the market. It studies the company's position & its conduct. Based on evidence, CCI decides whether abuse has occurred.

Q3. What penalties can be imposed for abuse of dominant position?

If abuse is proven then the authority can impose heavy fines. It can also order the company to stop unfair practices. In some cases, structural or behavioural changes may be directed.

Q4. Can consumers complain about abuse of dominant position?

Yes. Consumers, businesses & even trade associations can file complaints. If they believe a dominant company's actions are unfair then they can approach the competition authority for relief.

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