ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Competition LawSubscribe to Competition Law

A Study of Technological Advent and its Impact on Competition In India

Technology-based innovations and the dynamics of their commercialisation have piqued the interest of entrepreneurs and the business community. Compared to traditional "brick and mortar" markets, competition in the digital economy necessitates more attention. The two-way user community that links the service supplier and the consumer is a distinctive feature of the digital economy. The abuse of the dominant position in the digital market is becoming more widespread than in traditional marketplaces. One of the numerous variables contributing to the rise in abuse of the dominant position in the digital market is the lack of entry restrictions. Google is one such example criticised for stifling competition and innovation. Furthermore, Mergers and Acquisitions is a robust platform that can foreclose future markets and curb innovation; instead of competing on merits, it would leverage its market power and is likely to prevent others from competing on merits. The Whatsapp-Facebook merger, a landmark transaction, was regarded as a restriction of competition in the relevant market. In a series of cases, the Competition Commission of India has highlighted blatant problems in identifying and interpreting the CCI’s jurisdiction after technological advancement. The paper will discuss anti-competitive aspects, the effects of mergers and acquisitions, and the privacy risks of the digital economy, with an emphasis on the Indian scenario.

Hub-and-spoke Cartels

The current approach adopted by the judicial bodies in dealing with the hub-and-spoke conspiracies is evaluated and compared with the development of the jurisprudence in foreign jurisdictions. The inhibitions faced by the judicial bodies due to a lack of maturity of the laws are also looked at.

 

Data Privacy and Competition Law at the Crossroads

The recent case of WhatsApp changing its data privacy laws is analysed as an example of issues emerging with competition law. Much has been written about the absence of data privacy laws in India that is likely to leave consumers vulnerable to sudden policy changes by service providers like WhatsApp. In this context, it is argued that informed consent from consumers is unlikely to be present and rather than depending on data privacy laws, it should be competition law that can ensure minimum harm to consumers and prevent adverse effects on market competition.

 

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