Which of the following actions has/have been treated as ‘abuse of dominance’ under Section 4 of the…
Unfair or discriminatory purchase or sale conditions and practices denying market access are expressly listed forms of abuse under section 4. The requirement to buy other…
Choose your answer
Which of the following actions has/have been treated as ‘abuse of dominance’ under Section 4 of the Competition Act, 2002?
1. Where an enterprise or a group directly or indirectly, imposes unfair or discriminatory condition in purchase or sale of goods or service
2. Where there is requirement that a purchaser of goods or services, as a condition of such purchase, to purchase some other distinct goods or services
3. Where there is indulgence practices resulting in denial of market access in any manner
Answer and explanation
Correct answer D
Unfair or discriminatory purchase or sale conditions and practices denying market access are expressly listed forms of abuse under section 4. The requirement to buy other distinct goods or services describes a tie-in arrangement under section 3(4). Tying can also engage section 4 where a dominant enterprise imposes supplementary obligations unconnected with the contract, but that additional condition is absent here. The supported combination is therefore the unfair-condition and denial-of-market-access statements.
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