ABUSE OF DOMINANT POSITION BY PATENT HOLDERS- A CRITICAL ANALYSIS
Competition law is the body of legislation intended to prevent market distortion caused by anti- competitive practices on the part of businesses. The economic theory behind the working of industries is that total profit earned by the industry by establishing monopoly in the competitive market is greater than the combined profit of all firms. But at the same time due to monopoly high price is imposed on the consumers. Thus, Competition Act tries to balance the consumer welfare and fair competition in the market . The Directive Principles of State Policy clearly portrays that India is a country of socialistic pattern and has adopted mixed economy system. There is no proper law to regulate competition in the market till 2009. From the year 1991 onwards the economy India saw major changes in the policies that are liberalization, globalization, and privatization. The markets were liberalized for free trade. Philosophy of free market competition is seen everywhere. Competition Act 2002 became the comprehensive legislation to protect and promote free and fair competition in the market. In the changed economic circumstances, it is a challenging task for the Competition Commission of India to regulate and avoid the abuse of monopoly power. Particularly the E-Commerce in the contemporary socio culture has posed many challenges to the Competition Commission. The study intends to analyze the role of CCI in preventing abuse of dominant position and anti-competitive agreements and conflicting nature of CCI with Patent regulators.
Patent, Dominant position, Abuse, Competition law
|Information||Lex Humanitariae: Journal for a Change, Volume II issue IV, Pages 99-118|
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