CCI’s investigation of abuse of dominance: Adjudicatory traits in prima facie opinion

Gupta, Indranath, Devaiah, Vishwas H. and Jain, Dipesh A. (2017) CCI’s investigation of abuse of dominance: Adjudicatory traits in prima facie opinion. In: Complications and quandaries in the ICT sector: Standard essential patents and competition issues. Springer Nature, Singapore, pp. 185-200. ISBN 9789811060113

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This chapter is premised on the recent judgement delivered by the Delhi High Court (henceforth “DHC”) in Ericsson v CCI.1 This judgement looked at the jurisdiction of the Competition Commission of India (henceforth “CCI”) to investigate alleged abuse of dominance of a holder of standard essential patent (henceforth “SEP”). The jurisdiction of CCI, as suggested by the DHC is independent of any matter pending in a court of law and therefore, the CCI can continue to investigate abuse of dominance complaints.

Item Type: Book Section
Keywords: CCI v Ericsson | Competition act | Non-ICT cases
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 13 Dec 2021 07:43
Last Modified: 07 Jan 2022 19:06
Official URL:
Additional Information: This chapter is a revised version of Working Paper Series No. 17002, which has greatly benefitted from presentation and discussion at ‘The Law and Economics of Patent Systems: A Conference of the Hoover Institution Working Group on Intellectual Property, Innovation, and Prosperity’ held on January 12–13, 2017, at the Hoover Institution of Stanford University and comments received from Mr. Richard Sousa, Research Fellow and Member of Hoover IP2 ,Working Group Steering Committee, Stanford University.


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