Revisiting Bharti Airtel Ltd. v. Reliance Industries Ltd. & Anr

Over the years, predatory pricing has become an important subset of abuse of dominant position under Indian Competition Law. Predatory pricing, especially in the telecommunications sector, has been a persistent global problem for a while now. It has acquired even greater significance in India with the entry of Reliance Jio into the market, and the subsequent onslaught of allegations regarding anti-competitive behaviour. Here, we present a critique of the Competition Commission of India’s judgment in Bharti Airtel Ltd. v. Reliance Industries Ltd. & Anr. The objective of this paper is to show that CCI’s analysis in the case was flawed on three counts- first, what would be the relevant market in the case; second, the ascertainment of Reliance Jio’s dominance in the relevant marker; and third, whether or not Reliance Jio abused its dominant position by indulging in predatory pricing.

Revisiting Bharti Airtel Ltd. v. Relianc

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Article has been written by Ananya HS and Arti Gupta, 4th Year students at National Law School of India University.