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Reassessing Competition Law Enforcement In The Digital Economy




Arjun CA, Inter University Centre for IPR Studies, CUSAT, Ernakulam, Kerala


ABSTRACT


The way competition plays out in contemporary markets has been drastically changed by the digital economy's explosive growth. Digital platforms, in contrast to traditional industries, thrive on network effects, scalability, and massive data accumulation, giving a small number of tech companies unprecedented market power. This paper examines the relationship between competition law and digital market regulation, emphasising how established legal frameworks often fail to address the complexity of data-driven dominance, algorithmic control, and cross-market leveraging. It examines significant international precedents from a range of legal systems. The paper explores how new regulatory models must strike a balance between innovation and consumer welfare with accountability and transparency, going beyond analysing particular enforcement cases. It contends that ex- post mechanisms alone are inadequate to address digital monopolies that can solidify their position through rapid user acquisition and data integration. To guarantee open markets, safeguard consumer choice, and advance technological justice, a forward-thinking, ex ante strategy that supplements traditional competition law is crucial. In the end, the study emphasises the necessity of a more flexible and dynamic legal framework to protect competition in a world economy that is becoming more and more digitalised.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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