The Competition Act says that dominant position is a position in which the enterprise enjoys the

strength in the relevant Indian market by Operate independently of competitive forces and affect
competitors, consumers or relevant market in its favor.

§ 4 of the Competition Act. § 4 prohibits the abuse of dominant positions, including by imposition
of unfair or discriminatory conditions and prices in the purchase or sale of goods and services by
a dominant enterprise or group. A large number of complaints filed with the CCI against "unfair
terms" of contracts cited no evidence of dominance of the party imposing such unfair terms.

by the mandate of Section 4

. It is pertinent to note that Section 4(2) employs the phrase “shall be an abuse of dominance”
meaning thereby abuse of dominance shall be presumed once it is proven that an act resulting in
the situations mentioned in clauses of Section 4(2) have been committed, and no other enquiry is
required to be made in order to hold the SEP-holder liable for abuse of dominance.