Abuse of Dominant Position by Google LLC – A Case Analysis

Abstract

Abuse of dominant position is an imperative to protect the Indian markets from the enterprises within and outside the country. The competition Act, 2002 is a superior legislation that comprehensively defined the ambit of dominant position. We find that there are frequent instances of circumventing the various provisions of the Competition Act, 2002 thereby defeating the very aim of prevention of anti-competitive practices being practices by the firms and to maintain a fair competition and to regulate market control. We present the case of Google LLC, a technology company which has misused its dominant position and distorted market. We also highlight the consequences of legal proceedings in India and some instances in EU. Even though the practices of such abuses reduce the frequency of offences, the new forms emerge. We suggest that the legislation must be dynamic enough to handle these occurrences if true benefit of legislation is to be realised.