India Development Foundation is organizing a 2nd Initiative on Choice, Competition, and Innovation (ICCI) conference, “Competition Policy and Innovation in the Digital Economy” on Saturday, 22nd July 2023. The Initiative on Choice, Competition, and Innovation (ICCI) at the Centre for The Digital Future, India Development Foundation, was established in 2021. ICCI researches Choice (for consumer and user benefits), Competition (within and across sectors), and Innovation (entry of new products or services and new players) in the digital economy. The conference will bring academicians, professionals, and policymakers together in substantive discussions concerning competition economics issues in digital markets.
Register yourself and network with fellow participants
Hear from the host who will open the stage for the top academicians in the country
“Digital India: The Role of competition policy in fostering innovation” moderated by Dr.Shubhashis Gangopadhyay; Panelists: Dr.MS Sahoo (NLU Delhi), Rahul Rai (Axiom 5 Law Chambers)
Small Sellers and Platforms (Dr.Nishant Chadha (IDF),Dr.Viswanath Pingali (IIM A), Dr.Daniel Sokol (USC)))
Collusive Bidding, Competition law and Welfare (Dr.Shubhashis Gangopadhyay (IDF), Dr.Aineas Mallios (Gothenburg U), Dr.Stefan Sjögren(Gothenburg U))
Take a lunch break of one hour and network with your fellow participants and speakers.
Common Ownership and Strategic Investment Composition (Dr. Saish Neverkar)
Integrating a Free Online Service: Competition and Welfare (Dr.Gaurav Jakhu, IIMB)
2nd ICCI Conference, is where the most inventive and forward-thinking leaders come together to discuss concerns about competition economics issues in digital markets.
The report under discussion aims to establish a regulatory framework for fostering competitive and efficient digital markets in India while safeguarding consumer welfare. It is based on three key claims about digital markets. First, digital markets are fundamentally different from traditional markets due to increasing returns to size and powerful network effects. Second, digital markets tend to create monopolies, leading to winner-take-all situations. Third, monopolies emerge quickly within 3-5 years of market formation. Building on these claims, the report argues for ex-ante regulations, as rapid market changes render ex-post remedies ineffective. The report identifies 10 anti-competitive practices (ACPs) in digital markets and suggests that competition law should address these practices. The list of ACPs draws heavily from the regulatory frameworks of other countries, aiming to harmonize India's regulations with other major markets. However, the report calls for a critical examination of the proposed shift towards ex-ante regulations. The report questions whether the unique characteristics of digital markets justify overturning the established understanding of antitrust regulations based on traditional markets. It emphasizes the need to evaluate the economic and regulatory rationale behind the proposed ex-ante regulations and considers potential unintended consequences. The report also highlights the dynamic nature of digital markets, where monopolies can be challenged and innovation can drive market changes. Regarding consumer welfare, the report challenges the assumption that increased competition always leads to greater consumer choice and welfare. It argues that the relationship between competition and consumer welfare in digital markets is not straightforward. The report questions whether ex-ante regulations can effectively protect consumer interests and whether they might hamper industry efficiency and innovation. Furthermore, the report highlights the need to differentiate between various digital markets, products, and services and consider their specific contexts before implementing regulatory interventions. It argues against excessive regulation that could impede market dynamics and hinder the growth of digital markets in India. The report suggests that traditional competition policy has been effective in addressing anti-competitive practices and emphasizes the importance of distinguishing between different market dynamics. In conclusion, while acknowledging the unique characteristics of digital markets, the report questions the need for a paradigm shift towards ex-ante regulations. It calls for a deeper examination of the economic premises underlying the proposed regulatory changes, emphasizing the importance of empirical evidence, economic logic, and a nuanced understanding of digital markets. The report cautions against excessive regulations that could stifle innovation, hinder investments, and limit the development of India's digital economy.
DownloadIn recent months, there have been significant developments in the digital competition law landscape in India. A report titled "Anti-competitive practices by Big Tech Companies" was presented to the parliament by the Parliamentary Standing Committee on Finance, recommending the formulation of separate rules for ensuring competition in the digital economy. Subsequently, the Ministry of Corporate Affairs formed a Committee on Digital Competition Law to examine the need for a separate law on competition in digital markets. However, concerns arise regarding the proposed Digital Competition Act (DCA), which aims to outlaw certain anti-competitive practices without considering market context, potentially restricting companies from engaging in these practices altogether. This approach resembles the shortcomings of the previously abolished Monopolies and Restrictive Trade Practices (MRTP) Act, which protected competitors rather than promoting competition. The proposed DCA would also treat all digital platforms equally, overlooking their different markets and regulatory oversight. It is emphasized that while regulation is necessary, a well-designed approach considering India's specific context and business strategies is required. The Competition Commission of India (CCI) has shown effectiveness in dealing with anti-competitive strategies, and efforts are being made to enhance the CCI's capabilities in addressing the digital economy. The suggestion of establishing a digital markets unit within the CCI is made to better understand digital markets and develop informed regulations. India should chart its own path in regulating the digital economy, considering its unique needs and context.
DownloadThe report emphasizes the importance of formulating a regulatory framework for digital markets in India through rigorous debate. While recent amendments to the Competition Act are seen as positive steps, the article criticizes blanket ex-ante regulations proposed by the Standing Committee on Finance. It argues that competition policy in digital markets should focus on building the domestic ecosystem and calls for careful evaluation of ex-ante regulations to avoid unintended consequences. The article challenges the notion of punishing specific actions without considering their outcomes, highlighting a limited understanding of digital markets that portrays all large firms as gatekeepers without competition. Instead, it suggests assessing market power based on contestability rather than firm count or market share. The potential for competition to emerge in digital markets is seen as high, creating competitive pressures. Additionally, the article points out that digital markets are diverse, and practices considered anti-competitive in one sector may be crucial in another. Context-specific regulations are advocated for instead of a one-size-fits-all approach. The uniform application of ex-ante regulations could lead to regulatory arbitrage, where firms emphasize aspects of their business not under scrutiny. Sector-specific regulations should determine actions deemed desirable in specific markets. The article also raises concerns about India's strategic interests in harmonizing its regulatory structure with richer countries. It suggests charting a unique path as done with UPI and ONDC. The lack of data on digital markets makes it challenging to assess the need for regulatory intervention. Transparency reports for large firms operating in digital markets are proposed to address information asymmetry and enable monitoring by the Competition Commission of India (CCI). These reports can help build knowledge and inform a regulatory structure that fosters a thriving digital ecosystem in India.
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