Partner G. R. Bhatia has recently authored an insightful article titled, ‘India’s Digital Competition Law- A Work In Progress’.
This article delves into the Government of India’s growing focus on regulating digital markets, highlighting the formation of the Committee on Digital Competition Law (CDCL) in 2023 to assess the adequacy of the existing Competition Act, 2002. In light of increasing concerns around anti-competitive practices by major tech firms, the CDCL has recommended a new, ex-ante Digital Competition Act aimed at proactively governing large digital enterprises, referred to as Systemically Significant Digital Enterprises (SSDEs). The article contrasts India’s current ex-post enforcement model with global practices like the EU’s Digital Markets Act (DMA), advocating for preventive regulation to address market dominance, and data exploitation.
