International Journal of Science , Engineering and Management (IJSEM)

Monthly Journal for Science , Engineering and Management

Volume2,December 2017,

Topic : Right to Health - A Study of Abuse of Dominance with Special Reference Pharmaceutical Industry

Authors:Dr. Sukhvinder Singh Dari ||

Abstract:The Competition Act, 2002 seeks to regulate those activities that may cause an appreciable adverse effect on the competition. Having an effective competition regime ensures that the consumer interest is not being compromised in any way and that the market is free from any anticompetitive element. The scope of this research paper is limited to Section 4 of The Competition Act 2002. An abuse of dominance occurs when an entity that holds a dominant position prevents or lessens the competition in the market, by using its power. The Competition Commission of India on many occasions has condemned enterprises abusing their dominant status and has imposed huge penalties. This paper is a comprehensive guide for those who want to understand how Section 4 of the Act that pertains to abuse of dominance, can be applied in various scenarios. What amounts to the abuse of dominance cannot be determined easily and requires a detailed investigation. This paper will furnish a basic idea as to how the Competition Commission of India has assessed a Section 4 violation in a sector like Healthcare and pharmaceuticals. The research paper sets forth the law in relation to Abuse of Dominance in India with reference to healthcare and pharmaceutical industries and explains the various requirements to bring out a successful case under Section 4 of the Act. Subsequently deals with a specific sector and demonstrates with the help of case studies how the Commission defined the relevant market, how the assessment was pertaining to dominance done and how did the Commission come to a conclusion that there was an abuse. Finally, the paper gives a fair idea as to how risk can be identified, assessed and mitigated..

Keywords: Competition Commission of India, Abuse of Dominance, Section 4, Healthcare and Pharmaceutical Sector.

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DOI: 01.1617/vol4/iss12/pid85632


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Dr.Muhammad Ishtiaq,
Mirpur University of
Science & Technology,
Mirpur, Azad Kasmir.

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IMPACT FACTOR: 2.7

ISSN(Online): 2456-1304

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Thomson Reuters ID : q-6288-2016.
ORCiD Research ID : 0000-0001-9540-6799

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ACCEPTANCE RATIO: 25%
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Journal Code : IJSEM
Electronic ISSN : 2456-1304
Impact Factor : 2.7
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