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