Indian Competition Law in the Digital Markets: An Overview of National Case Law

Bhattacharya, Shilpi; Khandelwal, Pankhudi

doi:10.2139/ssrn.3897291

Cited by 2 publications

(4 citation statements)

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“…While consumer interests are important to preserve from misleading advertisements, the power and dominance of Google suggested through these unilateral powers in many spheres also needs to be kept in check by the CCI. 109 Moreover, recently, the Google Ads program also came under legal scrutiny in the case of MakeMyTrip India Pvt Ltd v. Booking.com BV & Ors 110 before the Hon'ble Delhi High Court ("DHC"). The DHC held that Google Ads was creating a situation whereby, the owners of the trademarks were being compelled to bid for using their own trademark in the process of online advertisement of their own goods and services.…”

Section: India's Approach Towards Addressing the Competition Problems...mentioning

confidence: 99%

Competition concerns in digital advertisement markets: Consolidating the regulatory approach for India

Chauhan,

Bhardwaj

2023

Competition and Regulation in Network Industries

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The digital advertisement market has brought many changes to the approach through which companies engaged in multifarious sectors endeavour to increase the outreach of their products and services. In light of the benefits provided by digital advertisement as opposed to traditional advertisement, companies have been shifting towards digital advertisement, which also has simultaneously increased the competition concerns in this segment. Since these markets prima facie seem to be characterised by technological complexities and lack of transparency, it has been difficult for antitrust regulators throughout the world to scrutinise the activities in this market. However, the recent probes launched by the European Commission into the alleged anti-competitive activities carried out by Google and Meta in this market have the potential of carving some landmark changes in the approach of antitrust authorities to pay increasing attention to the activities carried out by these market players. In furtherance, we have provided an analysis of the approach adopted by various antitrust authorities, and the competition concerns that emanate from this market. Further, we have also elucidated India’s position to regulate competition in digital advertisement markets and have also analysed some policy recommendations which can be implemented by the antitrust authorities.

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Section: India's Approach Towards Addressing the Competition Problems...mentioning

confidence: 99%

Competition concerns in digital advertisement markets: Consolidating the regulatory approach for India

Chauhan,

Bhardwaj

2023

Competition and Regulation in Network Industries

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“…The CCI so far has not intervened in a significant way to stall any merger or acquisition when it comes to digital platforms. But it is becoming increasingly cognisant of these issues: the Competition Law Review Committee has called for increased scrutiny of mergers and of review of existing thresholds so that acquisitions such as WhatsApp by Facebook can be covered [22].…”

Section: Mergers and Acquisitionsmentioning

confidence: 99%

“…Finally, cross-linking of data across platforms gives an advantage that could amount to leveraging of dominance across markets. [22]. In a recent market study report on the telecom sector, the Committee explicitly argued that privacy could be a non-price metric of competition.…”

Section: Cci's Evolving Approachmentioning

confidence: 99%

“…For instance, the CCI explicitly rejected a static market share approach in Fast Track v Ola (2017). 22 Second, the rise of digital ecosystems and intraecosystem competition makes market share assessment suspect as an indicator of market power. While the digital platform anchoring an ecosystem may have a relatively small market share -relevant for inter-ecosystem competition -switching costs and the friction in multi-homing for its complementors could allow it to impose exploitative terms on them [2].…”

Section: Assessing Market Powermentioning

confidence: 99%

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An integrated approach to competition regulation and data protection in India

Sinha¹,

Srinivasan²

2021

CSIT

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The concentration of market power in the hands of a few technology firms-from Microsoft to Google-has raised concerns amongst regulators and policymakers around the world. The collection and processing of personal data is at the heart of the revenue models and market power of these firms and digital platforms more broadly. In this essay, we analyse the role data plays in digital competition dynamics and chart the evolution of the Competition Commission of India's approach towards digital platforms. We examine the pitfalls of keeping a firewall between the competition and data protection regulatory frameworks given the myriad ways in which control over data and digital privacy factors intersect with exploitative conduct and consumer harm in digital markets. Finally, we propose a more holistic approach that understands and uses the synergies between competition and data protection concerns to protect consumers and the competitive process in India.

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Indian Competition Law in the Digital Markets: An Overview of National Case Law

Cited by 2 publications

References 1 publication

Competition concerns in digital advertisement markets: Consolidating the regulatory approach for India

Competition concerns in digital advertisement markets: Consolidating the regulatory approach for India

An integrated approach to competition regulation and data protection in India

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