Free Today, Monopolised Tomorrow: Questioning CCI’s Call On Jio
- IJLLR Journal
- Jul 26
- 1 min read
Ms. Dakshita Nagpal, LL.B., Symbiosis Law School, Pune
ABSTRACT
This article critically evaluates the order of the Competition Commission of India (CCI) passed in Case No. 98 of 2016 regarding alleged predatory pricing by Reliance Jio Infocom Limited ("Jio"). Jio launched as a disruptive force in India, in September 2016 with its free voice, data, and bundling of content "Welcome Offer”. After gaining millions of subscribers, subsequently, a price war ensued that transformed the telecom sector in India. The CCI ruled out a claim of abuse of dominance, relying on static market-share thresholds and traditional product-market definitions under which all wireless services were aggregated under one analysis. Working from a multi-product, dynamic perspective of market power, the Commission did not take account of bundling, network-effects, and potential recoupment of later supra competitive pricing. By incorporating more empirical evidence, addressing emergent scholarly critiques and international guidance, and juxtaposing India's framework with (i) the Brooke Group test (U.S.), and, (ii) the AKZO standard (EU), this paper attempts to articulate a comprehensive, multifaceted analytical and policy framework to ensure competition in digital markets.
