The Ministry of Corporate Affairs (MCA) had constituted Committee on Digital Competition Law (CDCL) on the subject titled ‘Anti- Competitive Practices by Big Tech Companies’. The Committee has submitted its report along with the Draft Bill on Digital Competition Law.
The MCA is inviting public comments on the said report and the Draft Bill. Copy of the bill may be accessed on the website of MCA under ‘e-Consultation module’ and comments/suggestions, if any, may be submitted on this module upto 15.04.2024.
The Committee recommends the introduction of an ex-ante legislation specifically applicable to large digital enterprises, to supplement the Competition Act. Such an ex-ante law should ensure that behaviours of large digital enterprises are proactively monitored, and that the CCI intervenes before instances of anticompetitive conduct transpire.
The Committee proposes that the Draft DCB should apply to a pre-identified list of Core Digital Services that are susceptible to concentration. The Committee recommends that this list is drawn up basis the CCI’s enforcement experience, market studies, and emerging global practices. Keeping in mind the pace at which digital markets are progressing, such a list is proposed as a Schedule to the Draft DCB in order to allow timely updations by the Central Government.
