GS Paper II — Q7
Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National…
Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. Refer to the recent decisions. (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
भारत में बहुराष्ट्रीय निगमों के द्वारा प्रभावशाली स्थिति के दुरुपयोग को रोकने में भारत के प्रतिस्पर्धा आयोग की भूमिका पर चर्चा कीजिए। हाल के निर्णयों का संदर्भ लें। (150 शब्दों में उत्तर) 10 marks
Model answer
Written by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.
CCI’s Section 4 mandate is to prevent abuse of dominant position, particularly by MNCs with market power. It acts in regulatory, adjudicatory and preventive roles: investigating, imposing penalties, issuing cease-and-desist orders and behavioural remedies. Its preventive role includes awareness, compliance and early detection of anti-competitive conduct in digital and traditional markets. In digital markets, it has targeted exclusive agreements, data leveraging and platform self-preferencing. In Google Android (2022) and Google Play Store (2022, later NCLAT 2023), it penalised Android’s app-store lock-in and Play Store’s self-preferencing, totalling over ₹2,274 crore. WhatsApp/Facebook (2021) addressed data leveraging. Amazon–Future Coupons (CCI 2021, NCLAT 2023) shows MNC scrutiny, though under Section 6, not Section 4. In traditional sectors, CCI has checked predatory pricing and exclusive dealing. Yet cross-border jurisdiction, resource constraints and appellate delays at NCLAT/Supreme Court weaken deterrence. Overall, CCI is effective in flagging digital abuses but needs faster, better-resourced enforcement to contain MNC dominance.
What "Discuss" is asking you to do
Lay the issue out from more than one side — how it arose, what is claimed for it, what is held against it, and where it now stands. UPSC attaches discuss to broad topics with several live dimensions, so coverage of the dimensions earns more than the strength of your opinion.
Structure that answers it
Set the issue up → the case as it is made → the case against → the dimension both sides leave out → where the balance now lies
Where marks are lost
Listing facts with no thread between them, or arguing one side throughout and calling it a discussion.
How this answer will be evaluated
Approach
Framework: Institutional Mandate & Judicial Precedent. discuss: intro > 3-4 dimensions > example > balanced close Full marks: Precise legal basis, specific recent case cited, balanced critique of CCI's efficacy.
Key points expected
- Section 4 of Competition Act, 2002
- CCI's investigative and penal powers
- Recent case: Google (Android), Amazon (Prime), or Uber
- Challenges: Regulatory overlap (e.g., with TRAI or SEBI)
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Analyze CCI's enforcement powers against MNCs and cite specific recent rulings. 10 marks
discuss— intro → 3-4 dimensions → example → balanced close
Must cover
- Define 'abuse of dominant position' under Section 4
- CCI's powers: investigation, interim orders, penalty
- Specific recent decision (e.g., Google, Amazon, or Uber)
- Challenges: jurisdictional overlap or enforcement gaps
Loses marks
- Reciting Section 4 text without application
- Generalizing 'MNCs' without naming specific cases
- Ending without a reform or balanced conclusion
Earns more
- Mention of Section 3 (Anti-competitive agreements)
- Reference to 'dominance' definition (Section 19)
- Mention of CCI's composition (Chairman + Members)
- Balanced view on regulatory burden vs. market protection
Extra mark
- Cite specific Supreme Court judgment on CCI powers
- Reference to Law Commission report on competition law
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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