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Research Paper Volume 9 Issue 2 3151 - 3171 May 1, 2026

Invisible Foreclosure and the Failure of Antitrust Perception: How Corporate Governance Masks Anti-Competitive Exclusivity in Indian Digital Platforms

Lead author · Corresponding
Isha Taneja
LL.M. student at Symbiosis Law School, Pune, Maharashtra, India
Co-author
Dr. Mehak Vohra
Assistant Professor at Symbiosis Law School, Symbiosis International University, Pune, Maharashtra, India
Co-author
Shruti Mishra
Teaching Assistant at Symbiosis Law School, Pune, Maharashtra, India
Abstract

In the Indian digital economy, which is rising, Amazon, Flipkart, Book My Show, and Google are using advanced exclusivity systems, such as preferred seller structures, exclusive product releases, manipulations of algorithmic rankings, and extended contractual lock-ins, to centralize the market. These practices are seemingly rational business approaches, which create insidious exclusionary consequences beyond the purview of liability under Section 3(4) and 4 of the Competition Act, 2002. It is theorized in this article that the sickness of Indian antitrust enforcement is essentially perceptual: a structural blindness to invisible foreclosure, in which corporate governance apparatuses transform visibly anti-competitive behavior into doctrinally pure enterprise. The analysis breaks down landmark regulatory moments of the CCI investigations of Amazon and Flipkart (20202024), Google Android investigations (20222025), the casebook Book My Show (2026) and the abrupt withdrawal of the Draft Digital Competition Bill (August 2025) through the prism of an interdisciplinary duct. It introduces constructive analytic foreclosures, visible harm: it introduces to the view of its traditional antitrust intuitions the role of the boardroom deliberations, executive compensation regimes, entrenchment of promoters, and opaque algorithmic ecologies to establish commonplace acceptance of exclusion.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 3151 - 3171
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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