What is single dominance?
Simple dominance occurs when two alleles of a single gene, the dominant version and the recessive version, code for a heritable trait. The presence of the dominant allele masks the presence of the recessive allele.
What is dominance competition law?
4054 (“Competition Law”) defines dominance as follows: “Dominant Position is the power of one or more undertakings in a particular market to determine economic parameters such as price, supply, the amount of production and distribution, by acting independently of their competitors and customers.”
What means dominant position?
A dominant position is the power to behave to an appreciable extent independently of its competitors, its customers, and consumers (Hoffmann-La Roche).
Is dominance per se illegal?
Therefore, ‘Dominance per se is not illegal, but the abuse of the position of dominance is illegal’. (ii) price in purchase or sale (including predatory price) of goods or service.
Who has dominant position in market?
A company which holds a dominant market position has the capability to work independently from its competitors and customers. A dominant position can allow a company to set prices above the competitive level for products which are not of as high quality, and in effect it can restrict competition.
How dominant position is determined?
Section 4 of the Competition Act, 2002 determines the dominant position by whether the enterprise is in such a position of economic strength that it can operate independently of competitive forces; or can affect the relevant market in its favor.
What is the primary indicator of dominance in the relevant market?
Relative size of market shares Although a company’s market share may be a good indication of dominance, a high market share does not necessarily mean that a company is dominant. It is necessary to consider the position of other companies active in the relevant market and how market shares have evolved over time.
What is the proposition for collective dominance?
The proposition given for collective dominance under the Competition (Amendment) Bill, 2012, was not enacted into a law as the legislature clearly wanted to retain the recognition only a single dominant enterprise or undertaking in a definite market.
What is collective dominance in Indian law?
Indian Law does not allow more than one dominant undertaking or enterprise in the same market. If in the market, two or more undertaking or enterprise are present, it presumes a dominant position in the market thereby creating a collective dominance.
Is collective dominance legal in the United States?
The United States laws on Competition Law do not provide adequate recognition to Collective Dominance. The Federal Trade Commission Act, under Section 5 prohibits ‘unfair methods of competition’, and is dubious on prohibition of conscious parallelism.
Is there a “collective dominance” under Section 4 of the Competition Act?
In the case of Sanjeev Rao v. Andhra Pradesh Hire Purchase Association, the Competition Commission of India (CCI) expressed its inability to penalise the parties due to the absence of an expressed provision of “Collective Dominance” under Section 4 of the Competition Act, 2002. The Court held similar view in the case of Shri Sonam Sharma vs.
