Abstract

The enforcement of competition law in digital markets poses unique challenges. It requires traditional legal tools to adapt to changing market conditions. Digital platforms function under different economic rules. These often include network effects, data-driven efficiencies, and winner-takes-all situations. These factors complicate how we assess dominance and abuse. This paper looks closely at the challenges and opportunities in regulating digital markets under Indian competition law. It focuses particularly on assessing dominance and abusive actions. The 2019 Supreme Court ruling in the Uber case suggested that pricing below cost might indicate dominance. This view conflicts with the Competition Commission of India’s (CCI) established guidelines, which warned against such circular reasoning. Additionally, the Supreme Court’s comments in In Re: Updated Terms of Service and Privacy Policy for WhatsApp Users (2021) highlight the increasing worries about data-driven market power and exploitative behaviour by dominant digital companies. The case shows how unilateral policy changes by tech giants can reinforce their dominance and lead to possibly exploitative practices. These inconsistencies in judicial rulings create legal uncertainty, which undermines the predictability needed for effective enforcement. The proposed Digital Competition Bill, 2024, aims to tackle these challenges. It introduces prior regulations specifically for digital markets. It focuses on gatekeeper platforms, data monopolization, and algorithmic collusion. While the bill seeks to improve enforcement against digital dominance, there are concerns about its effect on innovation, regulatory overreach, and market dynamics. This paper points out key unresolved issues in platform regulation. It advocates for a balanced approach through legislative and policy measures to ensure a clear and future-ready competition regime in India.

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