Section 4, Competition Act, 2002: Abuse of dominant position.

Section 4: Abuse of dominant position.

The Competition Act, 2002Central Act · Act 12 of 2003

[(1) No enterprise or group shall abuse its dominant position.]

(2) There shall be an abuse of dominant position [under sub-section (1), if an enterprise or a group],--

(a) directly or indirectly, imposes unfair or discriminatory--

(i) condition in purchase or sale of goods or service; or

(ii) price in purchase or sale (including predatory price) of goods or service. Explanation.--For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or service referred to in sub-clause (i) and unfair or discriminatory price in purchase or sale of goods (including predatory price) or service referred to in sub-clause (ii) shall not include such [condition or price] which may be adopted to meet the competition; or

(b) limits or restricts--

(i) production of goods or provision of services or market therefor; or

(ii) technical or scientific development relating to goods or services to the prejudice of consumers; or

(d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or

(e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Explanation.--For the purposes of this section, the expression--

(a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to--

(i) operate independently of competitive forces prevailing in the relevant market; or

(ii) affect its competitors or consumers or the relevant market in its favour;

(b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors;

[(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.]

Where this provision sits

Act	The Competition Act, 2002
Section	4
Marginal note	Abuse of dominant position.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	2

Act

The Competition Act, 2002

Section

Marginal note

Abuse of dominant position.

Jurisdiction

Central

Status

In force as published by the source

Judgments citing it

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted, Act 39 of 2007. . Subs. by Act 39 of 2007, s. 3, for sub-section (1) (w.e.f. 20-5-2009).
substituted. . Subs. by s. 3, ibid., for "under sub-section (1), if an enterprise" (w.e.f. 20-5-2009).
substituted, Act 9 of 2023. . Subs. by Act 9 of 2023, s. 5, for "discriminatory condition or price" (w.e.f. 18-5-2023).
inserted, Act 39 of 2007. . Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009)."

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

Search 49,000+ Central and State enactments by what a provision says, not by its number
Jump from any section to every judgment that has applied it
Search 300 million+ Indian court records alongside the statute
Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Competition Act, 2002 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.