Critically Analysing The Role Of Big-Tech Companies In Digital Market Under Competition Law
- IJLLR Journal
- May 7
- 2 min read
Ishwita Mondal, NIMS University, Jaipur
Neha Bhowmik, NIMS University, Jaipur
Joysree Das, NIMS University, Jaipur
ABSTRACT
In this 21st century innovation and technology is fostering very rapidly where the whole world is connected through internet and becoming digitalized. The concept of digital market has also evolved, consumer use digital market for shopping and even for making payments as well. The digital market works on the basis of data collected and algorithms, which is different than the physical market. Competition is considered as the essence of any market. But the issue arises when the Big-Tech Companies like Amazon, Google, Meta, Instagram started dominating the market and disrupts the competition in the market. Digital market posses unique challenges those are network effects, Data Accumulation, Tying and Bundling, Predatory Pricing, Self- preferencing etc. which effects the market as a whole. The primary legislation was the Competition Act, 2002 which regulates competition in the market. Section 3 and 4 of the act deals with anti-competitive agreements and abuse of dominant position but the act was enforced in pre-digitalised era so this paper tries to analyze whether the competition act is sufficient to regulate digital market. Competition Commission of India (CCI) plays crucial role by initiate investigation, impose penalty and promote fair competition. Through various case laws dealt by CCI this paper tries to understand the role of CCI in regulating the digital market. As Digital market rapidly growing all over world and issues are increasing too so, other countries are also responding like European Union adopted Digital market Act (DMA) and United Kingdom enacted The Digital Market, Competition and Consumers Act (DMCC) Act 2024 to combat the challenges involved in digital market and to maintain fair competition among Big Tech Companies. The paper ends with the problem arises while regulating the digital market and contains some suggestion which can be effective in administering the digital market.
Keywords: Competition, Big Tech Companies, Digital Market, Abuse of Dominance, Competition Act, 2002
