The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber)

On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) [1] appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) [2] by requiring the assessment of the conduct of the opposite party-enterprise to determine whether it enjoys a dominant position or not. This position is opposite to the hitherto jurisprudence on this subject, whereby dominance of an enterprise is established based on the factors mentioned in Section 19(4) of the Act, before delving into whether the enterprise has abused its dominance based on its conduct in the relevant market. The Division Bench of the Supreme Court comprising of Mr. Justice Rohinton Fali Nariman and Mr.

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  • Indian Competition Commission (New delhi)

Quotation

Kavita Jitani, The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber), 3 September 2019, e-Competitions Bulletin October 2019, Art. N° 91779

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