New chapter in competition law probes

SC direction to the Competition Commission of India to investigate alleged predatory pricing by Uber disturbs the latter's policy position in market abuse cases

The interpretation of competition law in India could have unexpectedly received a vital course correction. The Supreme Court last week upheld a direction to the Competition Commission of India (CCI) to investigate alleged predatory pricing by Uber. But this is not just about predatory pricing, but about whether more than one player in the market can be “dominant” for the purposes of competition law.

To begin with, predatory pricing is a controversial subject of competition law across the globe. Predatory pricing involves, at least at first blush, selling of goods or services by enterprises that are “dominant” at prices that do