EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW

AUTHOR – TANVI SHARMA & AYUSHI RAJ, LAWYER / YOUNG PROFESSIONAL WORKING WITH THE COMPETITION COMMISSION OF INDIA IN COMBINATION DIVISION.

Best Citation – TANVI SHARMA & AYUSHI RAJ, EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 234-246, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of single economic entity signifies that two or more entities may be so closely connected that they form part of a single economic unit albeit their separate legal form. The entities forming a single unit may either defend themselves or incur liability contingent on the circumstances which are dealt forthwith. The concept of single economic entity emanated from Europe and has been recognized in Indian jurisprudence through judicial precedents. This study assays the concept of single economic entity in the European Union, the United States and India. Further, this article delves into the concept of single economic entity in India through case studies to demonstrate how this doctrine has evolved in India. Lastly, this paper critically analyses both combination and antitrust cases to provide a complete overview of this concept as dealt by the Competition Commission of India.

Keywords: Single economic entity, group, control, material influence, common management, merger, antitrust