Concept Paper: Definition and Delineation of “Relevant Market” in ...

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Abstract The definition and delineation of relevant market lies at the core of competition laws and anti-trust regulation. This has been accepted worldwide by all anti-trust lawyers and economists as an inherent step in the process of formulating policies to promote and sustain competition in their respective countries. In order to check and curb anti-competitive agreements and abuse of dominance, we must first be able to define the relevant market in which it occurs, to pinpoint both the sphere and the periphery of practices and activities which have an appreciable adverse effect on competition, i.e. to describe the scope of such practices and activities, the ramifications of which can be considered a significant obstruction to free trade and consumer interest. While there exist a wide range of qualitative and quantitative tests to identify a market, recent global literature converges towards the empirical SSNIP test (Small but Significant and Non-transitory Increase in Price), which requires the operation of econometric principles and the analysis thereof. The purpose of this paper is to study and analyse the concept of definition of a “relevant market” in competition policy; to briefly touch upon the methods used to define such markets and their practical applicability; to illustrate, by way of case laws in different countries, the criteria and reasoning used to identify relevant markets for curbing anti-competitive practices; and finally, to examine the extent to which the Competition Act, 2002 adequately addresses delineation of relevant market in case of services.
Headings Index 1. Introduction: Competition Policy 1.1 Need for Competition Policy 1.2 Monopolies and Restrictive Trade Practices Act (MRTP) vs. Competition Act, 2002 2. Relevant Market: Theory 2.1 Significance and need for market definition 2.2 Definition of relevant market 2.3 Economic Tests to define Relevant Markets 2.4 Factors determining Relevant Markets 2.5 Relevant Market definition for Services: Some considerations 3. Defining Relevant Markets in the framework of the Competition Act, 2002 3.1 Anti-Competitive Agreements 3.2 Abuse of Dominance 3.3 Combinations Regulations 4. Conclusion Page Numbers 1 1 4 5 8 15 22 28 32 34 36
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Concept Paper: Definition and Delineation of “Relevant Market” in ...

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