Competition Issues Across Online Retail Markets In India: Insights From CCI's Multi-Sector Investigations And Rulings

Ayush B. Gurav, Maharashtra National Law University (MNLU), Mumbai

ABSTRACT

This research paper offers a comprehensive exploration of the competitive dynamics within the Indian online retail sector, with a focus on the decisions and implications of the Competition Commission of India (CCI) in various prominent cases. The study investigates the concept of relevant markets, evaluates positive competitive effects, disruptive influences on traditional industries, instances of dominant market behavior, and the practices of online retailers, addressing issues such as predatory pricing, potential monopolistic behaviors, and resale price maintenance. Additionally, it compares the CCI's approach with strategies employed by the European Commission, highlighting challenges, interpretations, and the effects on antitrust measures.

Furthermore, the research stresses the necessity for a flexible and proactive regulatory framework that both accommodates and encourages disruptive innovation while ensuring fair competition and consumer protection. Suggestions for the future include assessing potential recoupment, reinforcing a regulatory framework supportive of innovation, and advocating for voluntary commitments alongside timely investigations. The article proposes the importance of education and international collaboration among regulatory bodies and stakeholders to navigate challenges arising from the swiftly evolving digital economy. It underscores the need for a balanced approach that fosters innovation while also safeguarding both competition and consumer welfare.

Keywords: Competition Commission of India (CCI), Online Retail Market, Disruptive Innovation, Abuse of Dominance, Antitrust Measures.