THE REGULATION OF E-COMMERCE UNDER INDIAN COMPETITION LAW
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Abstract
This paper shall analyse the treatment of the burgeoning e-commerce market under the competition laws of India. The role of the Competition Commission of India (“CCI”) vide its various pronouncements in disputes involving e-commerce companies has been crucial in shaping the jurisprudence surrounding the digital market. It also raises several questions with respect to the terminology used in certain provisions of the Competition Act, 2002 (“the Act”). Part I shall analyse how the CCI through various judgments, has dealt with the question of delineating the “relevant market” for digital companies. Part II shall delve into the question of exclusive arrangements, and whether such arrangements have been declared anti-competitive by the CCI. Part III will analyse “deep discounts” provided by online retail platforms in light of the law on predatory pricing. Part IV shall operate as the conclusion of the paper, delineating the various lacunae in the applicable laws, and estimating the way forward for e-commerce in India.
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