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Before blindly following any approach, should the competition regulator not involve Indian stakeholders in an impact-cum-gap analysis of the competition regulatory approach so far?
To go or not go ex-ante way as proposed in the new Digital Competition bill ( DCB ) or to wait and watch the outcome of Digital Markets Act (DMA) enforced by EU, is the debate in India during this open consultation process that ends on 15th May, 2024
An urgency has been created in India to regulate Big Tech or digital giant platforms of a prescribed size on an ex-ante basis, following a global trend.
The Ministry of Corporate Affairs' Committee on Digital Competition Law has advocated for a novel legal framework to govern competition in the digital realm. This proposed law would introduce ex-ante regulations to tackle potential anti-competitive behavior and antitrust concerns, specifically targeting large digital corporations.