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Reimagining Antitrust For India’s Algorithmic Economy: Tackling Regulatory Fragmentation And Unintended Algorithmic Collusion




Boddu Penchala Sai Nikhilesh Naidu, School of Law, Christ (Deemed to be University)


ABSTRACT


The use of algorithms in Indias economy has changed how markets work, especially in areas like ride-hailing, online shopping and banking. These technologies make things more efficient. They also create risks of companies secretly agreeing on prices without talking to each other which hurts competition. Indias Competition Act from 2002 was made for people working not for algorithms so it struggles to deal with these new issues.


This paper looks at the problems with Indias laws against competition how different groups like the CCI, TRAI, SEBI and RBI have different rules and compares Indias approach to the one used in the EU, US and UK. It suggests changes like making it clear that algorithm messages can be used as proof of agreements setting standards for evidence improving cooperation between groups and making companies be more open. By creating rules that understand technology India can protect competition, consumers and the market, in its changing digital economy that uses algorithms. Indias digital economy uses algorithms a lot.


Keywords:Algorithmic collusion, Competition Act of 2002, Antitrust enforcement in India, Digital markets regulation, Competition Commission of India (CCI), Regulatory fragmentation, Pricing algorithms, Hub-and- spoke liability, Evidentiary presumptions, Comparative jurisprudence (EU, US, UK), Transparency and accountability in algorithms, Market integrity and consumer welfare.



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.

 

Disclaimer:

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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