The Impact Of An Ex-Ante Regulatory Framework On India’s Draft Digital Competition Bill: The Need Of The Hour
- IJLLR Journal
- Apr 17
- 1 min read
Akshaya Gopalakrishnan, CHRIST (Deemed to be University), School of Law, Delhi NCR, IndiaORCID ID: 0009-0001-6881-3724
ABSTRACT
In this paper, we look into the need and the implications of the ex-ante framework of regulation concerning the new Draft Digital Competition Bill of India. In the ex-ante framework of regulation, actions are taken before an issue arises. On the other hand, in the ex-post framework of regulation, the action is taken after a problem has already occurred. The Competition Act of 2002 which was traditionally the Competition Law of India followed an ex- post approach, unlike the upcoming Digital Competition Laws of India. This bill has drawn inspiration mainly from the Digital Markets Act of the European Union. However, this shift from addressing a problem after it has taken place to before it manifests comes with its own set of complexities as it may stifle innovation and pose difficulty in enforcement. Through doctrinal analysis, this paper will explore the benefits and drawbacks of this regulatory approach and provide a comparative view of the implications of the same in Europe. Further, this paper shall discuss if ex-ante and ex-post frameworks could function effectively and parallelly in India’s evolving digital landscape.
Keywords: Ex-ante, Ex-post, Competition law, Regulatory framework, Digital age
