Role Of Competition Law In Regulating E- Commerce Platforms

Mehar Kaur, Faculty of Law, University of Delhi

ABSTRACT

Competition law stands as a formidable bulwark against the encroachment of anti-competitive practices, extending its protective mantle over both business entities and consumers alike. The gamut of stakeholders ranges from local corner stores to multinational conglomerates, encompassing producers, manufacturers, wholesale retailers, and more. Functioning as a vigilant overseer under governmental authority, competition law assumes the role of a regulatory sentinel, meticulously scrutinizing the conduct of market players. Notably, its jurisdiction extends to monitoring and curbing any instances of abuse by dominant entities across diverse sectors. Beyond this, the purview of competition law extends to overseeing monumental mergers and acquisitions, while simultaneously maintaining its watchdog role by disallowing agreements that infringe upon the tenets of free trade.

A landmark stride in this direction was the promulgation of the Competition Act, 2002, a legislative instrument designed to erode practices that corrode the principles of competition. The pragmatic approach of the Competition Commission of India in addressing issues intrinsic to e-commerce is underscored by its array of decisions that collectively illuminate its evolving legal stance vis-à-vis the digital market. This legal scrutiny contributes to a comprehensive understanding of the jurisprudential framework shaping the contours of the modern digital economy.

Against this backdrop, this article embarks on an incisive analysis, unfurling the intricate operations of e-commerce businesses. Delving into the legal edifice that supports this realm, it navigates the nuances of regulations governing this dynamic sector. Moreover, the article sheds light on the presence of small and medium-sized businesses within the expansive e-commerce landscape, unravelling the intricate dynamics that define their roles on this burgeoning platform. Through this exploration, the article strives to provide an informed perspective on the symbiotic relationship between competition law, e-commerce enterprises, and the diverse array of business participants.

Keywords: Competition law, E-commerce, CCI, Anti-competitive, Consumer Welfare