Abuse of dominant position.
No enterprise shall abuse its dominant position.
There shall be an abuse of dominant position under sub-section 1 , if an enterprise, a directly or indirectly, imposes unfair or discriminatory i condition in purchase or sale of goods or services or ii price in purchase or sale including predatory price of goods or service or Explanation.For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or services 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 discriminatory conditions or prices 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 c indulges in practice or practices resulting in denial of market access 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.
a directly or indirectly, imposes unfair or discriminatory i condition in purchase or sale of goods or services or ii price in purchase or sale including predatory price of goods or service or Explanation.For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or services 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 discriminatory conditions or prices which may be adopted to meet the competition or
condition in purchase or sale of goods or services or
price in purchase or sale including predatory price of goods or service or Explanation.For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or services 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 discriminatory conditions or prices 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
production of goods or provision of services or market therefor or
technical or scientific development relating to goods or services to the prejudice of consumers or
c indulges in practice or practices resulting in denial of market access 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
operate independently of competitive forces prevailing in the relevant market or
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.