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

Abstract

In this foreword, we draw on certain aspects of CCI’s enforcement in digital markets in order to identify some noteworthy trends, provide a comparison with global jurisprudence and ascertain areas of concern for the future. It is not possible to do justice to the array of competition issues arising in India’s digital markets in this foreword. Therefore, our objective here is to advance certain aspects of Indian enforcement that in our opinion will benefit from greater dialogue. Accordingly, each section of this foreword is intended to induce further deliberation. The first section discusses closure of cases after prima facie review, the second section explores determinations of dominance, the third, fourth and fifth sections discuss abuses of dominance in digital markets through privacy reductions, unfair terms and preferential treatment, the sixth section examines algorithmic collusion before concluding the discussion.

Keywords: Competition Law, Digital Markets, Privacy, Abuse of Dominance, Mergers, Indian Competition Law, Competition Commission of India, Privacy, Algorithmic Collusion, Gatekeepers

JEL Classification: K21