Analysing the ex-ante regulations in India’s digital competition bill and its effects on Indian business interests

Afuwape, Kolawole (2024) Analysing the ex-ante regulations in India’s digital competition bill and its effects on Indian business interests. World Competition, 47 (Issue). pp. 521-556. ISSN 1011-4548

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Abstract

The digitization of economic activity has important socio-economic development implications and at the same time creates challenges for antitrust analysis. These implications and challenges have been met differently in jurisdictions around the world. This paper makes a comparison of the exante regulations between India’s Draft on Digital Competition Bill with that of the European Union’s (EU’s) Digital Markets Act (DMA). India, like many technologically conscious jurisdictions, is introducing more demanding ex-ante regulations for its digital economy. The draft Bill centred on the work of a Digital Markets Economy; India’s proposals are defined by an explicit commitment to ‘pro-competition’ regulation. This article traces the evolution and emerging design of the forthcoming Indian digital markets regime in comparison with the EU. The article proposes to expand the competition enforcement by adopting a ‘rule-making’ approach to reduce the market-wide uncertainty, and cost of litigation and reduce unexpected outcomes. The latter is founded on a hybrid-mutual influence approach and intends to reduce the current inconsistencies existing between the regulatory and competition bodies in India.

Item Type: Article
Keywords: Antitrust | Competition Law | Digitization | Big Data | Relevant Markets | India | CCI | EU | Digital Platforms | Gatekeepers | Competition Act | Ex-Ante Regulations | Post-Ante Regulations | Fairness and Contestability | Fair Markets | Exclusionary Abuse of Dominance | Exploitative Abuse of Dominance
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 05 Dec 2024 08:16
Last Modified: 05 Dec 2024 08:16
Official URL: https://doi.org/10.54648/woco2024030
URI: https://pure.jgu.edu.in/id/eprint/8860

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