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Lip Service and Liability: Effects Analysis in Indian Competition Law
Naval Satarawala Chopra and Natalia Bilimoria
India’s competition law increasingly invokes “effects analysis,” yet rarely applies it rigorously. While the Supreme Court’s Schott Glass judgment mandates an effects-based approach under Section 4, CCI and NCLAT decisions often rely on structural inferences rather than clear counterfactuals or economic evidence, leaving the doctrine rhetorically embraced but analytically underdeveloped in practice.
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Collective Dominance in India: Bridging the Enforcement Gap in Modern Competition Law
Akshat Gaur & Shravan Kadyan
Can two independent firms dominate a market without colluding? This article examines the absence of collective dominance under India’s Competition Act through cases involving Hindalco-Vedanta, Zomato-Swiggy, and Ola-Uber. It argues that the narrow interpretation of Section 4 leaves significant enforcement gaps in concentrated and digital markets, and proposes targeted reforms inspired by European Union jurisprudence to strengthen India’s competition law framework.
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