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Ravisekhar Nair, Shivanghi Sukumar, Apr 14, 2015
In March 2014, the Competition Commission of India, for the first time, initiated an investigation into the conduct of a dominant enterprise based on an allegation of vexatious/bad faith litigation. This article provides a comparison to standards for a finding of vexatious litigation in other jurisdictions, outlines core features of the order passed by the Commission finding prima facie that the enterprise had abused its dominance, and discusses some key issues raised by the case.