The Indian draft digital competition bill and report: a critical perspective

Ganesh, Anush, Yadav, Mohit and Pathak, Gaurav (2025) The Indian draft digital competition bill and report: a critical perspective. Indian Law Review. pp. 1-15. ISSN 2473-0580

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Abstract

This legislative note critically examines India’s proposed Digital Competition Bill 2024 (“DCB”), a significant shift towards ex-ante regulation of digital markets. The note analyses the DCB’s key provisions, including the designation of Systemically Significant Digital Enterprises, their obligations, and enforcement mechanisms. It draws comparisons with similar legislation in the European Union, United Kingdom, and Germany, highlighting the DCB’s alignment with global trends while noting its unique aspects. The note identifies potential challenges in implementation, including regulatory overlap, extraterritorial application, and impact on innovation. It offers recommendations for refining the DCB, emphasizing the need for clearer obligations, enhanced institutional capacity, and a balanced approach that fosters competition without stifling innovation. This analysis provides valuable insights into India’s evolving approach to digital market regulation and its implications for the global digital economy.

Item Type: Article
Keywords: Competition law |digital markets | digital competition | ex-ante regulation | SSDEs | gatekeeper regulation
Subjects: Social Sciences and humanities > Decision Sciences > Information Systems and Management
Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Public Policy
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 22 May 2025 09:10
Last Modified: 22 May 2025 09:13
Official URL: https://doi.org/10.1080/24730580.2025.2506958
URI: https://pure.jgu.edu.in/id/eprint/9558

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