Deesha Vyas & Mehek Chablani, BLS, LLB student, Mumbai University
E-commerce companies and their functioning have revamped the antitrust legislations. The Indian E-commerce market is one of the largest expanding markets. While this has its perks, there a plethora of rising antitrust concerns due to the anti-competitive practices adopted by such companies. This paper purports to examine and delve into various factors that are imperative while determining whether an E-commerce platform has indulged in anti-competitive practices, the consequential antitrust problems and the modus operandi of the Competition Commission of India. It also analysis Indian cases adjudicated by the Competition Commission of India and highlight the transformation in the perspective of various factors with respect to the E-commerce markets and its functioning. Further, the paper also sheds light on the global approach adopted by various countries to combat similar problems and specifically talks about imperative international cases adjudicated under the jurisdiction of the European Union and other authorities. A healthy thriving competitive market is crucial for the economy and general trade and commerce of the country. The policies of Competition Law set forth by the authorities determine the functioning of different aspects of the market and hence occupies a pivotal place in the corporate sector. The field of competition consists of a number of dynamic factors, which have to be monitored closely to assure that there are no anti-competitive practices and an imbalance in the power dynamics which would affect both the economy and consumer welfare adversely.
Keywords- E-commerce Market, Data accumulation, Market Power, Deep Discounts, Preferential Treatment, etc.