Correct option is D
The correct answer is: (d) (3), (4), (2) Only
Explanation
The concept of “dominant position” is defined under Section 4 of the Competition Act, 2002 (as amended).
As per the Explanation to Section 4, a dominant position means: “A position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to—
(i) operate independently of competitive forces prevailing in the relevant market; or
(ii) affect its competitors or consumers or the relevant market in its favour.”
Now, let us evaluate each statement:
Statement-wise analysis:
(1) Position of strength in the relevant international market Incorrect — The law specifically refers to the relevant market in India, not the international market.
(2) Enterprise operating independently of market forces in India Correct — This directly matches clause (i) of the statutory definition.
(3) Affecting competition or consumers of relevant market in India in its favour Correct — This aligns with clause (ii) of the definition.
(4) Position of strength enjoyed in relevant market in India Correct — This is the foundational requirement of dominance under the Act.
Hence, the correct combination is (2), (3), and (4) → Option D.
Information Booster:
Dominant Position — Key Legal Meaning (Section 4, Competition Act, 2002)
An enterprise is considered dominant only if all the following apply:
It enjoys a position of strength
In the relevant market
Within India
Enabling it to:
Operate independently of competitive forces, or
Influence competitors, consumers, or the market in its favour
Dominance itself is NOT prohibited — only abuse of dominant position is prohibited under law.
Abuse of Dominant Position Includes:
Unfair or discriminatory pricing (including predatory pricing)
Limiting production or technical development
Denial of market access
Imposing supplementary obligations
Leveraging dominance in one market to enter another