Impact of Digitalization on Competition Law: The Need for an Ex-Ante Regulation

Abstract

India is navigating its way to digital transformation almost in all sectors and with this transformation there is a demand for a specific Digital Competition Law to deal with the emerging challenges of the digital markets. In this paper I have taken a opposite view regarding this and strongly assert that at this stage of economic development there is no need for enacting a Digital Competition law for India and the existing law is just fine to deal with all the concern that can arise in the coming future and there are ample cases where it is clearly seen that the law is working completely fine to deal with such situations. It is adoptive in nature and broad enough to engage in the so called unique digital markets and economy and while there are certain jurisdictions that have enacted a Digital Competition Act, India’s situation is unique and it doesn’t require such legislation. The only suggestion regarding digital economy regulation provided in this paper is that Indian competition regulator need to focus more on the enforcement front to effectively deal with the digital market concerns. Key Word- Digital Competition Law, Digital Market, Digital Economy.