IPR through The Prism of Section 4 of The Indian Competition Act 2002

Abstract

In this paper the author attempts to critically analyze the concept of Abuse of dominance and the IPR under the Indian regime and its interpretation by the Commission and Courts respectively. The author has attempted to highlight the landmark judgment Monsanto Holdings Pvt. Ltd. and Ors. vs. Competition Commission of India and Ors and its interpretation by the authorities. Through this, the author tries to deduce a broader understanding of the concept and outline how the concept is understood when seen through different lenses. Since Indian Competition Act is considered as unripe as it has been recently enacted as compared to the matured jurisdictions of the EU and US model, therefore, there is always a scope for improvement and varied exegesis could bring in panoramic understanding of the concept of Abuse of dominance and the IPR under Indian jurisprudence. Further, the author highlights the CCI prerogative and its role in building the concept.