On March 29th 2023, the Lok Sabha passed the Competition (Amendment) Bill, 2023 (‘2023 Bill’). The previous iteration of the Bill was released in August 2022 (‘2022 Bill’), following which it was referred to the Parliamentary Standing Committee on Finance (‘the FC’). The FC released its report making notable recommendations to the Bill. In line […]
Aiming to add to the ongoing discourse on policy and regulatory approaches to addressing competition issues in digital markets, The Dialogue hosted a virtual roundtable discussion titled, ‘Future of Competition Policy in Digital Markets’ on March 10, 2023. The Roundtable opened with a panel discussion featuring Dr. Amar Patnaik, Member of Parliament, Rajya Sabha, Dr.
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India has recently experienced a surge in online gaming participation across various categories, prompting the government to propose amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, specifically targeting online gaming. These changes classify online gaming platforms as intermediaries (Online Gaming Intermediaries), imposing additional obligations and due diligence measures. The proposed
In a globalised world, the internet and technological developments have led to the emergence of data-driven business models that value data in economic terms for carrying out some of the key functions and activities which are an integral part of the business models. In addition to being a value proportion for certain classes of businesses,
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The Parliamentary Standing Committee on Finance (the Committee) recently released its 53rd report on ‘Anti-Competitive Practices by Big Tech Companies’ (the Report). Thereafter, the MCA constituted a new committee to, among other things, analyse the need for a new ex-ante framework for digital markets and draft a new DCA. These developments come at a time
The Dialogue organised a roundtable discussion on competition law ‘Antitrust 2.0’ on November 1, 2022. The discussion revolved around three key themes: i) Changes pertaining to anti-competitive agreements, abuse of dominant position, and merger control in the Competition (Amendment) Bill, 2022 (the Bill); ii) ex-ante regulation and gatekeeping rules and; iii) Introduction of Commitments and
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The report discusses the impact of a restrictive approach towards cross-border data transfers. It highlights that adopting a principle-based framework could be one of the best possible options that India could consider, which fulfils the objectives of deploying safeguards to ensure the security, privacy and data protection of Indian users while allowing data to flow
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The report is a laudable and progressive step for the competition framework of the country. The recommendations are a call for clarity and reasoned analysis in the Indian competition landscape. The recommendations, if incorporated in the Bill, will ensure the protection of innovation nuanced analysis by the CCI as well as enhance compliance with competition
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In our response, we brought attention to the three paradigmatic shifts the ONDC attempts – interoperability, decentralisation and the unbundling of the e-commerce value chain and the tools it chooses for the purpose. We suggested an effective and statutory e-commerce regulator along with updated e-commerce rules, which would go a long way in fulfilling the
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The Draft Indian Telecommunication Bill, 2022 (Draft Bill) aims to consolidate the current regulations into a singular framework. This proposed legislation would replace the Indian Telegraph Act 1885, Wireless Telegraphy Act 1933 and the Telegraph Wires (UnlawfulPossession) Act, 1950. The bill introduces major reforms in the telecom sector. Provisions relating to providing relief to the
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