An Economic Analysis of the Effectiveness of Relevant Market Delineation Methods in Abuse of Dominant Position Cases in India

In antitrust legislation, determining the relevant market is fundamental and a major determinant of how abuse of dominant position cases are decided. In the Indian context, the Competition Act lists factors to determine the relevant market. However, the relevant market delineation involves a lot of subjectivity, resulting in arbitrary decision-making and several case laws being testaments to the same. Further, the increasing variety in online marketplaces, the emergence of new e-commerce business models, and contemporary determinants of the relevant market (such as network effects) have made the issue even more complex and subjective. The paper argues that the mechanism adopted to delineate the relevant market is highly subjective and aims to highlight the issues associated with delineating abuse of dominant position cases in India. The approaches to determining the relevant market used in the contemporary Competition Commission of India order illustrate the challenges associated with these tests. It aims to propose an alternative to the current approaches, to reduce the arbitrariness and disparity in the adjudication of similar matters. The paper seeks to address whether the current method(s) of identifying the relevant market in abuse of dominant position cases are effective.

Authors

Institutions

Publication Details

Journal
Asian Journal of Law and Policy
Published
2025-07-30
DOI
https://doi.org/10.33093/ajlp.2025.7
Primary Topic
Merger and Competition Analysis
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

An Economic Analysis of the Effectiveness of Relevant Market Delineation Methods in Abuse of Dominant Position Cases in India

Hiteshkumar Thakkar, Matteo Smacchi, Mansi Subramaniam
Asian Journal of Law and Policy
Merger and Competition Analysis
article

An Economic Analysis of the Effectiveness of Relevant Market Delineation Methods in Abuse of Dominant Position Cases in India

Hiteshkumar Thakkar, Matteo Smacchi, Mansi Subramaniam
article en

Abstract

In antitrust legislation, determining the relevant market is fundamental and a major determinant of how abuse of dominant position cases are decided. In the Indian context, the Competition Act lists factors to determine the relevant market. However, the relevant market delineation involves a lot of subjectivity, resulting in arbitrary decision-making and several case laws being testaments to the same. Further, the increasing variety in online marketplaces, the emergence of new e-commerce business models, and contemporary determinants of the relevant market (such as network effects) have made the issue even more complex and subjective. The paper argues that the mechanism adopted to delineate the relevant market is highly subjective and aims to highlight the issues associated with delineating abuse of dominant position cases in India. The approaches to determining the relevant market used in the contemporary Competition Commission of India order illustrate the challenges associated with these tests. It aims to propose an alternative to the current approaches, to reduce the arbitrariness and disparity in the adjudication of similar matters. The paper seeks to address whether the current method(s) of identifying the relevant market in abuse of dominant position cases are effective.

Asian Journal of Law and PolicyVol. 5(2)
Gujarat National Law University (IN), Libera Università Internazionale degli Studi Sociali Guido Carli (IT)
Academia Sinica
Openalex Percentile: Top 74%
Merger and Competition Analysis
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.