Abstract

This article examines the evolving landscape of unfair trade practices in India’s digital economy through a comprehensive analysis of consumer protection, competition law, and data privacy frameworks. Using an integrated doctrinal and comparative legal approach, it demonstrates that digital markets present unprecedented challenges to traditional legal frameworks designed for brick-and-mortar commerce. The analysis reveals that unfair trade practices in digital markets are not isolated incidents but systematic patterns arising from structural asymmetries inherent in platform-based ecosystems. Dominant platforms exploit gatekeeper positions, data advantages, and algorithmic capabilities to engage in practices ranging from dark patterns and algorithmic price discrimination to self-preferencing and data exploitation. This article provides a detailed taxonomy of unfair trade practices, analyses the legal framework comprising the Consumer Protection Act, 2019, the Competition Act, 2002, and the Digital Personal Data Protection Act, 2023, and examines enforcement challenges, particularly regarding multinational corporations. Through comparative analysis of regulatory approaches in the European Union, United Kingdom, and United States, the article proposes a multi-pronged regulatory strategy including digital markets-specific legislation, enhanced penalty regimes, strengthened institutional capacity, and cross-border cooperation mechanisms. The research contributes to legal scholarship by providing a comprehensive mapping of the intersection between consumer protection, competition law, and data privacy in India’s digital economy, while offering concrete policy recommendations for creating a fair, transparent, and contestable digital marketplace.

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