REVAMPING THE INDIAN CODE 4 6
INNOVATIVE APPROACH TO DIGITAL MARKET OVERSIGHT
Keywords:
Digital market, ex-ante regulation, dominance, core digital service, end-user threshold.Abstract
Abstract: In recent years, the rapid expansion of digital platforms in India has significantly impacted the relevance of existing competition law, prompting authorities to adapt to the dynamic and evolving market circumstances. This shift led to the introduction of the Digital Competition Bill in 2024, which aims to target the anti-competitive behaviors of large digital enterprises by imposing specific obligations on them. This paper explores the unique characteristics of digital platforms that distinguish them from the traditional market. Then, it analyses the rationale behind the Digital Competition Bill 2024, emphasizing its necessity by examining recent trends, particularly the growing dominance of digital platforms in India. Additionally, several gaps in the Bill, such as the failure to implement a specific end-user threshold for the designation of an enterprise as a Systematically Significant Digital Enterprise (SSDE), are also identified and discussed elaborately, by drawing comparisons with the legislative frameworks in other jurisdictions.