Rethinking Data As An Essential Facility In AI- Driven Markets: A Narrow Approach For Indian Competition Law
- IJLLR Journal
- May 20
- 1 min read
Aadya Mishra, Maharashtra National Law University, Mumbai
INTRODUCTION
The past decade has seen India experience an unprecedented rate of digitalization in its transformation journey, with emerging technologies like artificial intelligence, a platform- based economy, and data-driven governance significantly impacting both the market and governance systems in the country. The legislative response has been to try and keep up with these changes, as evident in the Digital Personal Data Protection Act, 2023; however, there has been a noticeable gap in the ability of the institutions tasked with implementation compared to the design of regulatory responses. This is not just a question of implementation; rather, there are fundamental questions about whether India’s regulatory system is fit for its role in governing these emerging technologies.
The majority of existing research has concentrated on issues that are critical to regulation, such as privacy, surveillance, and accountability. This has largely been done using concepts that have already been developed elsewhere, such as those that have been developed within regions such as the EU, especially under the General Data Protection Regulation. However, there appears to be little attention given to the regulation environment within India. This includes an examination of how the regulation environment interprets, applies, and enforces technology regulations, as they struggle to cope with their own capabilities. This paper argues that the main challenge within India is not that there are no regulations, but that there is a lack of regulatory capabilities that are required to make these regulations effective governance.
