The Indian draft digital competition bill and report: a critical perspective

Abstract

This legislative note critically examines India’s proposed Digital Competition Bill 2024 (“DCB”), a significant shift towards ex-ante regulation of digital markets. The note analyses the DCB’s key provisions, including the designation of Systemically Significant Digital Enterprises, their obligations, and enforcement mechanisms. It draws comparisons with similar legislation in the European Union, United Kingdom, and Germany, highlighting the DCB’s alignment with global trends while noting its unique aspects. The note identifies potential challenges in implementation, including regulatory overlap, extraterritorial application, and impact on innovation. It offers recommendations for refining the DCB, emphasizing the need for clearer obligations, enhanced institutional capacity, and a balanced approach that fosters competition without stifling innovation. This analysis provides valuable insights into India’s evolving approach to digital market regulation and its implications for the global digital economy