Objective Justification in Abuse of Dominance Cases in India

[Basu Chandola is a BBA LLB graduate (batch of 2018) from the National Law University Odisha. The concept of objective justification provides that a dominant enterprise will not be abusing its dominant position if it can provide a justification for its conduct. Though the concept is well-accepted in the European Union, its position in Indian competition law is ambiguous. This post seeks to clearly demonstrate the position of law on objective justification.] In the European Union (EU), a firm accused of abuse of dominance may put forward an objective justification and, if such a justification is accepted, there is no abuse and no violation of Article 102 of the Treaty on the Functioning of the European Union (TFEU).[i] The dominant undertaking may provide a justification either by demonstrating that its conduct is objectively necessary or by demonstrating that its conduct produces substantial efficiencies the outweigh any anticompetitive effects on consumers.[ii] In the Indian…

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