NAVIGATING THE DIGITAL MARKETPLACE: INSIGHTS FROM COMPETITION COMMISSION OF INDIA'S APPROACH

Abstract

Following the “liberalisation, privatisation, and globalisation” (“LPG”) reforms, there have been overwhelmingly significant technological advancements during the previous three decades. Indubitably, improvements in the internet have made life simpler for individuals all over the world. Users may access a variety of services for free through platforms like search engines and social networking sites. Customers give their data in exchange for these services, even if they do not pay any money for them. These platforms sell the data to advertising firms, who use it to analyse consumer behaviour and purchasing trends and entice them with individualised and pertinent ads. Global competition authorities have been pushed to adapt, develop, and expand their toolkit for conducting competition assessments due to the increase in the use of digital platforms and new technologies. The development of open markets and the abolition of anti-competitive behaviours are at the core of every system of competition law. For instance, India created the “Competition Commission of India” (“CCI”) in accordance with the “Indian Competition Act of 2002” (“the Act”) in order to safeguard and promote market competition, prohibit anti- competitive behaviour, and safeguard the rights and interests of consumers. Two important antitrust laws, the “Clayton Act” and the “Sherman Act”, are in effect in the US to prevent anti- competitive behaviour. Similarly, the “Treaty for the Functioning of the European Union” (“TFEU”) aims to sanction violators who stifle fair competition in regional markets. Antitrust regulators throughout the globe look into industry behemoths as part of their duty and file lawsuits against them when needed. More than half of the worldwide internet market is run by the Big Five of technology: Google, Amazon, Apple, Facebook, and Microsoft. Due to these conglomerates' expansion and ongoing purchase of businesses, they have been able to engage in anti-competitive practises such market monopolisation, abuse of dominance, and the signing of horizontal and vertical agreements. These businesses are now under the scrutiny of antitrust regulators in several jurisdictions as a result of their actions. In respect to antitrust problems like search engine rigging, Android hegemony, and online advertising monopoly, Google in particular has regularly been in the centre of criticism in many regions of the world.