Reshaping Competition Law In The Digital Age: Global And Indian Approach
- IJLLR Journal
- May 14
- 1 min read
Vidhi Dobhal, Christ (deemed to be) University, Lavasa, Pune, Maharashtra, India.
Dr. Aman Rab, Designated Partner, Rab & Rab Associates, Dehradun, Uttarakhand, India.
ABSTRACT
The paper explores the intersection of evolution of competition law with digital economy in lines with the growing digital era. Within the spheres of consumer welfare , the traditional antitrust regulations are focused on regulation of price-fixing and monopolistic activities by the enterprises on the physical commodities but with the rapidly expanding digital market which is characterized by data-driven business models, the traditional metrics poses a significant challenge. The paper underscores the importance of having a robust regulatory framework, which is two fold, it curbs anti- competitive activities and concurrently ensures fair competition which upholds consumer welfare and encourage creation in digital environment.
To address these challenges, several structures have been brought in, globally. The European Union’s Digital Markets Act, 20221 which shows a significant shift from ex-post regulations to ex-ante regulations and prohibition against self-preferencing on designated gatekeepers which are the online trading platforms. Drawing inspiration from the EU, India has proposed its Draft Digital Competition Bill ,2024 which is tailored for the digital market and is closely aligned with the Digital Markets Act, 2022 which includes classification of SSDE( Systematically Significant Digital Enterprises) and ex-ante regulation for facilitating prevention of anti- competitive behaviour by digital enterprises. This paper also gives an overview of the regulatory frameworks used globally by analyzing its key features and effectiveness and deliberates on broader implications for global anti-trust laws in the digital age.
