Category: Uncategorized
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Leveling the Digital Playing Field: The Promise of the Digital Competition Bill
Devansh Malhotra & Ravi Sharma Introduction The Competition Commission of India (CCI) has condemned Apple for engaging in ‘abusive conduct and practices’ by leveraging its dominant position in the app store industry on its iOS platform. The CCI investigation emphasizes that software creators are compelled to comply with Apple’s rules, which include the obligatory utilization…
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The Indian Telecom Revolution: Implications of the Indian Telecommunication Act on India’s Digital Competition Market
Yash Bhatnagar & Adya Khanna Introduction In the backdrop of the telecom revolution across the world, India has introduced its new and updated Telecommunication Act of 2023 (“the Act”). The act is a revamped and contemporary retelling of the Telegraph Act, 1885, with significant changes catering to the modern and technological requirements. However, its implementation…
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Data Privacy in Merger Regulation: A Non-price Parameter in Data-driven Acquisitions?
Mayannk Sharma and Shubh Jaiswal Abstract In an era of digital markets characterised by cut-throat competition, firms by and large compete on a variety of non-price parameters, namely quality, user interface, accessibility etc. However, the reluctance of the competition authorities to consider data privacy as a non-price parameter often leads to a veiled ignorance of…
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CCI Cannot Compel any Statutory Regulator to Outsource its Functions: An Analysis of ICAI v. CCI
Devansh Malhotra and Vaibhav Garg INTRODUCTION The Delhi High Court recently decided a matter concerning a tussle between two statutory bodies in the country involving the Institute of Chartered Accountants of India (“ICAI”) and Competition Commission of India (“CCI”) which was pending since 2014 for adjudication. In the case of ICAI v. CCI, a single…
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An Effects-based Approach to Abuse of Dominance
Ansruta Debnath & Aditi Sinha I. Introduction Indian competition law, governed by the Competition Act, 2002 (“the Act”) has two major provisions that regulate competition in the market. Section 3 of the Act deals with anti-competitive agreements and holds all those agreements void which have appreciable adverse effect on competition or (“AECC”). Section 4 on…