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Power And Influence Over Others

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III. DOMINANANCE/ DOMINANT POSITION- “ABUSE” Dominance in one line would mean power and influence over others. ‘Dominant position’ means position of strength, paramount position enjoyed by an enterprise, in the relevant market, in India, which facilitates it to – (i) operate independently of competitive forces prevailing in relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour. Dominance is not based on any straightjacket formula or some mathematical calculations, rather it can be measured in a comparative environment. One can enjoy the dominant position by way of having considerable market share to its credit, or by the resources under operation of a particular enterprises, or by the size of any…show more content…
The enterprise is independent of its competitors & customers. The matter of concern is not that an enterprise is enjoying the dominant position in the markets but the trigger point is achieved when dominance is prefixed by the word “abuse”. The dictionary meaning of abuse is the improper use of something and in the market scenario a little liberty can be taken to construe the meaning of word abuse affixed with dominant position as some enterprise enjoying dominance in the market and exploiting the same. In the year 2013, the Competition Commission of India ordered that Board of cricket council of India had abused its dominant position in the market and thereby imposed penalty amounting to Rs.53 crores. In the BCCI-CCI case , the instant complaint was filed by the Informant who is a cricket fan, against the OP to the CCI under Section 19 (1) (a) of the Act on November 2, 2010. His allegations were pertaining to the irregularities in the organization of Indian Premier League (IPL), Twenty 20 and professional league tournament conducted by BCCI. He alleged irregularities in the following: a. grant of franchise rights for team ownership; b. grant of media rights for coverage of the league; c. award of sponsorship rights and other local contracts related to organisation of IPL Upon the above mentioned issues and after
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