CCI’s Evolving Approach To AI-Driven Markets

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Sakshi Yadav, University of Allahabad

ABSTRACT

This article examines the evolving approach of the Competition Commission of India (CCI) to AI-driven markets and its shifting focus from abstract AI ethics to concrete questions of market power. Using the CCI’s 2025 AI market study as its core reference point, it maps structural mismatch between upstream AI infrastructure and models and downstream deployment and applications. It also outlines six theories of harm enabled by algorithmic opacity, speed and data concentration. It analyzes CCI’s existing digital jurisprudence on abuse of dominance, especially cases involving Android billing and search self-preferencing, which already constrain data use and algorithmic ranking in ways that can be extended to AI systems. The article then examines the commission’s institutional capacity, highlighting technical, inter-regulatory and informational gaps. Finally, it argues about the four structural issues in the AI market and the effectiveness of India’s AI competition regime, raising a question that whether the commission can move from monetary penalties to layered data access and interoperability remedies.

Keywords: Competition Commission of India (CCI), AI market study, Abuse of dominance, Algorithmic self-preferencing, Digital Competition Bill 2024, Systematically Significant Digital Enterprises (SSDE’s), Data access remedies.

CCI’S EVOLVING APPROACH TO AI-DRIVEN MARKETS.pdf

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