The big(data) problem with the Competition Act, 2002

Sinha, Urbi (2021) The big(data) problem with the Competition Act, 2002. [Working papers (or Preprints)]

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India has witnessed a rapid growth in the sphere of digital economy in the last decade. While some would debate that demonetization has pushed India towards an era of robust digitalization, it still remains an indisputable fact that India is no longer in its infant stage of e-commercialization. A large number of online businesses now flourish all over the cyber space and thrive by harnessing, assimilating and accumulating user data. For centuries we have witnessed that business rely on the usage of data and marketing relies on market research, yet, with online businesses growing out of proportion, a significant risk remains of tipping off the economies of scale. In the WhatsApp Order, CCI held that “any breach of the IT Act, 2000 did not fall within the purview of the Competition Act, 2002 .” Still, the fact remains that competition law has to dynamically evolve in order to deal with the economic concerns of the new digital age. Just like the MRTP Act of 1969- the predecessor to the Act of 2002, had to be scrapped off to deal with the concerns post liberalization; we must now rethink, reassess and re-examine whether the Competition Act, 2002 -in its current form, is equipped to deal with the issues stemming from the present age digital markets in light of the big data concerns.

Item Type: Working papers (or Preprints)
Keywords: Competition Act 2002 | Big Data, Relevant Market | Privacy Concerns | Data Harvesting | Network Effects | Amendment of MRTP Act | Competition Law under New Economy | High Rates of Innovation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Admin Library
Date Deposited: 12 Mar 2022 14:10
Last Modified: 15 Mar 2022 07:03
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