Balancing Innovation And Regulation: A Critical Assessment Of India’s Draft Digital Competition Bill
- IJLLR Journal
- 2 hours ago
- 1 min read
Adv. Abhay Dubey, Practising Advocate, High Court of Chhattisgarh at Bilaspur BBA LLB (Hons.), Amity University Madhya Pradesh
ABSTRACT
India’s proposed Digital Competition Bill (DCB) represents a paradigmatic shift in the nation’s competition law jurisprudence, transitioning from a reactive, ex-post enforcement model to a preventive, ex-ante regulatory architecture. This article critically examines the structural rationale for such a framework, the concomitant risks of regulatory overreach, the calibrated recommendations of the Parliamentary Standing Committee on Finance, and the broader policy implications for India’s digital economy. It concludes that while robust gatekeeper regulation is indispensable, its design must remain flexible, empirically grounded, and sensitive to the distinct capital constraints of domestic technology enterprises.
Keywords: Digital Competition Bill, Ex-Ante Regulation, Competition Commission of India, Systemically Significant Digital Enterprises, Gatekeeper Regulation, Digital Markets Act.
