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View: India’s competition law needs to be fine-tuned to discourage predatory behaviour in digital economy

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To this effect, GoI has issued a draft ecommerce policy that seeks to create a regulatory environment to protect the misuse of data, thereby ensuring competition.

Synopsis

Antitrust regulators worldwide aim to strike a balance between enforcement and preserving the competitiveness of such markets, since adopting any quick-fix intervention measures could thwart innovation, thereby harming consumers. The other area of concern is regarding the ability of online enterprises to ‘tip the markets’ in their favour. This has necessitated increased monitoring efforts.

By Ansuman Pattnaik & Soumya HariharanFlipkart and Amazon are being investigated under the Foreign Exchange Management Act (Fema), 1999, to ascertain whether they have indulged in exclusionary tactics through exclusive arrangements, deep-discounting and preferential listings on their platforms. The Competition Commission of India (CCI), on its part, was of the prima facie opinion that the conduct of these two e-commerce establishments merits

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