Abstract: The last few years have witnessed a slew of regulatory changes in the Anti-trust space primarily instigated by the technological changes and the industry practices adopted in the technology sector. In this research paper, an attempt has been made to understand the anti-trust regulatory and judicial developments in the technology and the telecommunication sector. In the first part of the paper, it attempts to analyse the industry practices adopted by the Corporations such as Exclusive and sole licensing practices, the practice of sale restrictions and the sale of output restrictions. Each of these sub-divisions under the first part, will be examined across two levels: one, between the practice adopted by the corporations between competitors and two, the practice adopted by the corporations between non-competitors. In the second part of the paper, the focus will be to understand the anti-trust developments in the telecommunications sector. This section will analyse the following topical developments: abuses related to tariffs, predatory pricing, excessive pricing and abusive behaviour related to third party access. Finally, the paper will also briefly note the patent abuses that have arisen in the telecommunication sector and the implications for anti-trust on that matter. The primary focus in this paper is on the developments in the European Union with references to other jurisdictional practices.


Authors:  Ms. Meghna Sharma is a graduate research assistant at the Centre for Human Rights Studies at Jindal Global Law School. She has earlier served as a law researcher at Delhi State Legal Services Authority after graduating from Rajiv Gandhi National University of Law in 2018. She may be contacted at meghnasharma95@outlook.com.

Mr. Prashant Singh graduated in 2017 from Rajiv Gandhi National University of Law. He is currently serving as Associate Advocate, Chambers of Mr. P.S. Narsimha, Senior Advocate, Supreme Court of India. He has earlier worked as a Research Fellow at the Centre for Human Rights Studies, Jindal Global Law School. He may be contacted at prashantsingh93@live.com.

The full text of the article can be found as a PDF here.

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