Creating duty on dominant firm: a case for alternative economic analysis

Prabhu, Aloke Narasinga (2020) Creating duty on dominant firm: a case for alternative economic analysis. Asian Journal of Business Ethics, 9 (2). pp. 225-239. ISSN 2210-6731

[thumbnail of AJBE2020.pdf] Text
AJBE2020.pdf - Published Version
Restricted to Repository staff only

Download (338kB) | Request a copy


The desirability of creating norms within the framework of law has been a challenging process in a free market economy. The principles of antitrust law enunciated by courts in abuse of dominant cases has led to ‘refusal to deal’ as a contested doctrine. When dominance is treated as legitimate aspiration and free market choices are the medium to achieve the aspirations of free market enterprises, any duty or obligation cast on the firm is considered antithetical to the spirit of free market unless it eclipses the anticompetitive effect. Where an economic analysis of antitrust law has non-economic impacts with ethical and moral issues, it calls for an alternative economic thought which also considers plural values of society. This also reflects a conflict arising out of lack of norms and respect for property rights. This paper attempts to analyze the cases and framework which is currently employed by the courts and the challenges it puts forth in creating a norm that is universal. The author by drawing on the principles of Gandhian economic thought and its essential features of trusteeship, non-possession and non-violence creates space for resolution of conflicts promoting ethical and moral considerations. Resolution of conflict through ethical and moral norms also assimilates the varied goals of antitrust regulation, including non-economic goals when the goals of antitrust require a broader consideration that accommodates the wider spectrum of market participants.

Item Type: Article
Keywords: Property | Norms | Gandhi | Free market | Antitrust | Refusal to Deal
Subjects: Social Sciences and humanities > Economics, Econometrics and Finance > Economics
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 26 Mar 2022 11:30
Last Modified: 25 Jul 2023 10:13
Official URL:
Additional Information: This paper was presented in IIM Ahmadabad, as part of the third Law and Economics Conference held in September 2017. I am grateful for the comments and criticisms which has helped me to reform the paper in content and in form


Downloads per month over past year

Actions (login required)

View Item
View Item